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Navigating FDA Guidelines for Product Reviews: A Guide for Dietary Supplement Brands

In the competitive landscape of dietary supplements, authentic customer reviews can significantly influence purchasing decisions. However, understanding the FDA’s stance on product reviews is crucial to maintaining compliance and avoiding potential pitfalls. As a dietary supplement consulting expert, we’ve seen firsthand how companies navigate these regulations to ensure their marketing strategies are both effective and compliant.

The FDA’s Approach to Product Reviews

Generally, the FDA adopts a “hands-off” approach toward genuine third-party, non-curated, and non-compensated reviews. These reviews are considered lower risk as long as they are honest and not endorsed by the company. The challenge arises when companies begin to endorse testimonials, which can transform these reviews into marketing claims subject to FDA scrutiny.

Endorsing Testimonials: A Common Pitfall

There are two primary ways companies inadvertently endorse testimonials:

  1. Showcasing Reviews: Highlighting reviews in banners, social media posts, or other prominent sections of a website can be perceived as an endorsement. For example, featuring a customer review in a banner or sharing it on social media platforms elevates its status from a simple testimonial to a potential marketing claim.

  2. Engaging with Reviews: Responding to reviews, especially those containing disease-related terms like "cancer" or "helps prevent the flu," can be problematic. In a recent warning letter, a company received citations for responding to such reviews on a third-party widget like Yatpo. Even actions as simple as "liking" a review or thanking a customer on social media can be interpreted as endorsing the review, thereby converting it into a marketing claim.
     

Case Study: Responding to Reviews

Consider the following example from a warning letter:
 

Customer Review (January 25, 2023): "Best place for CBD oil. Really helps my older dog's arthritis pain."
 

Company Response: "Thank you… We are grateful to provide great service and products that help our community. Glad to hear that it's helping ease your dog's pain."
 

While the response may seem innocuous, the FDA views such engagement as an endorsement, transforming the review into a marketing claim. This underscores the importance of exercising caution when interacting with customer feedback, especially those containing health-related statements.

Best Practices for Handling Reviews

To help maintain compliance, here are some best practices:

  • Avoid Highlighting Disease-Related Reviews: Refrain from featuring reviews that mention specific health conditions or benefits.

  • Limit Engagement: If you choose to respond to reviews, do not comment if there is disease or other outlandish claims such as “I love 100 pounds in one month.”

  • Educate Your Team: Ensure everyone involved in managing reviews understands the FDA’s guidelines to prevent unintentional endorsements. The social media team is often the front line of regulatory defense, but they may be the least trained in the nuances of regulatory compliance.
     

The Role of a Dietary Supplement Marketing Consultant

Navigating these regulations can be complex. As a dietary supplement marketing consultant, we provide comprehensive guidance to ensure that your marketing strategies, including customer reviews, do not cross the high-risk line. From auditing your website to advising on best practices for online engagement, our goal is to help you build trust with your customers while staying within regulatory boundaries. We help educate and develop your in-house expertise, empowering you and your team to make the best regulatory decisions in the future.
 

Conclusion

Authentic customer reviews are invaluable for dietary supplement brands, but they must be managed carefully to avoid FDA compliance issues. By understanding the FDA’s stance and implementing best practices, companies can leverage reviews effectively without crossing regulatory lines. For tailored advice and support, consider partnering with a seasoned FDA label consultant who can guide you through the intricacies of dietary supplement regulations.

Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.

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