Nimble Marketing Law Library A maintained reference for founders

Supplements marketing laws

Marketing laws filed under Supplements. Currency-of-record reference for founders — not legal advice.

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Laws

California Prop 65 — Supplement Warning Advisory

CA Health & Safety Code §25249.6 · California

California's Safe Drinking Water and Toxic Enforcement Act (Prop 65) requires a warning when a product sold in California can expose consumers to a listed chemical. Some supplements — particularly herbals — can carry…

note Effective date pending

FDA — Disease-Treatment & Drug-Classification Claims

21 USC §321(g)(1) · United States (Federal)

Under the federal Food, Drug, and Cosmetic Act, a product that claims to treat, cure, prevent, or diagnose a disease is legally classified as a drug — which requires FDA approval. Dietary supplements are not drugs,…

block Effective date pending

FDA — DSHEA Structure-Function Claims & Disclaimer

21 USC §343(r)(6) · United States (Federal)

The Dietary Supplement Health and Education Act (DSHEA) permits supplements to make "structure-function" claims — describing how an ingredient affects the body's structure or function ("supports immune function"). When…

warn Effective date pending

FTC — Endorsement & Testimonial Substantiation (§255 Guides)

16 CFR §255 · United States (Federal)

The FTC Endorsement & Testimonial Guides (16 CFR §255) require that advertising claims based on customer testimonials be substantiated. Quantified results ("lost 20 lbs"), time-bound results ("in 30 days"), and…

warn Effective date pending

FTC — Deceptive Acts & Efficacy Substantiation (§5)

15 USC §45 · United States (Federal)

FTC §5 prohibits unfair or deceptive acts in advertising. For efficacy claims this means an advertiser must hold "competent and reliable scientific evidence" before making the claim. "Clinically proven" /…

block Effective date pending