Aggressive defense, reasoned counsel.
As nutraceutical attorneys, we regularly represent marketers of nutraceuticals and skin care products to provide regulatory compliance counseling and aggressive defense against false advertising and deceptive trade practice claims.
We can help you avoid regulatory enforcement actions by reviewing your marketing and billing practices for compliance with the requirements of consumer protection laws at both the federal and state level.
The FTC regards marketing claims and consumer testimonials about nutraceuticals and skincare products as “health and safety claims.” They’re also called establishment claims. Establishment claims require a lot of substantiation – “competent and reliable scientific evidence” – even if the ad does not expressly suggest such a level of support.
Competent scientific evidence consists of “tests, analyses, research, studies, or other evidence based upon the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.”
Where health and safety/establishment claims are involved, these tactics are inadequate:
- Anecdotal evidence
- News articles
- Sales materials
- Low return rates
- Money-back guarantees
We review marketing pages for compliance with statutory requirements for free-to-pay conversations, refunds, and continuity billing programs, as well as associated terms of such offers under the FTC Act, the Restore Online Shoppers Confidence Act, and California’s Automatic Renewal Law among others.
We also routinely defend marketers of nutraceuticals and skin care products against regulatory enforcement actions alleging false advertising, deceptive marketing, and unfair billing practices.
If you are a nutraceuticals or skincare business owner, contact us now to make sure your business is protected.