Marketers of nutritional supplements often complain that they do not know what the FDA wants. Even after the agency sends a warning letter about misleading claims and advertising, its staff does not explain what would fall within the rules. That’s the reality; the FDA will tell you what’s wrong, not what’s right. Through warning letters, [...]

On Nov. 12, drugmakers and search-engine advertising agencies participated in about 30 presentations before the FDA. The hearing room was so crowded that most people seeking an audience seat were turned away. What did the company executives say?

Should there be a language standard in Google ads for supplements? Drug marketers may adopt rules given the close scrutiny that the FDA is giving search-generated ads for pharmaceuticals. It may also be time for makers and marketers to set rules what is allowed.

The Web has erupted with news, opinion and practical guidance on the new FTC rules that apply to disclosures on blogger freebies. As a public service, NutriSupLaw offers a sampling of the best of initial analysis.

If your marketing plan includes raising awareness through bloggers, read the latest FTC announcement on disclosure of freebies. The agency says that bloggers who review products given to them for free should disclose that fact in some circumstances. Failure to do so will not affect thebloggers, but could trigger FTC action against marketers for what the agency considers deceptive practices.

The Federal Trade Commission provides advertising lessons in its proposed settlement with CVS to refund nearly $2.8 million to buyers of the retailer’s Air Shield dietary supplement. The drug store chain made cold-prevention claims for the product that were similar to those for competing products, Airborne and Germ Defense. Those product claims also ran afoul of the FTC and cost their companies.