FDA & FTC TARGET NATURAL PRODUCT COMPANIES

Companies barred from sharing customers’ positive experience of their products

This past month, the FDA and FTC brought charges against 5 natural product companies, alleging that these companies have made improper claims about their natural dietary supplements. As most of you know, dietary supplement makers cannot legally claim that their products “cure” anything. The FDA and FTC give only drug companies permission to do that.

The twist in two of the cases is that the FDA and FTC are cracking down not just on claims, but also on the use of testimonials. These two “testimonial” cases involve Rhode Island company Daniel Chapter One and New Mexico-based Native Essence Herb Company. The FDA and FTC are seeking hefty fines and other sanctions in part because these companies posted letters from satisfied customers on their websites. None of the customers claim outright to have been cured by the products, although the customers did share their personal experience of medical conditions that objectively disappeared after use of the products. Are such testimonials medical claims? How far can a ban against testimonials go? Can the government ban consumers from sharing their personal health care experiences with one another in any forum?

Citizens For Health Chairman of the Board Jim Turner, who represents Daniel Chapter One, is concerned. The FTC and FDA attack against his client “fails to distinguish between cynical con men who intentionally cheat vulnerable people, and persons of conviction who work diligently to comply with the law in their effort to help people.” http://www.citizens.org/

The NTCB* Editor’s Note: As far as we know, currently there is no law against publishing a testimonial so long as it does not include libelous statements or incitements to criminal acts. It is not yet a crime to take supplements. Testimonials are technically a matter of personal opinion, not of proven fact.

There are three major problems with the nutrition business right now that the attorneys are addressing:

1. Codex Alimentarius labels all nutrients as toxins.

2. Registered dieticians are on a big push to be the only licensed nutritionists in every state.

3. The FDA, FTC and most state licensing boards are really opposed to MLM nutritional supplement marketing practices.

Thanks for your continued support.
Best regards,

Jackie Olsen, Executive Director

*Natural Therapies Certification Board

ntcb.info@gmail.com * http://ntcb.org

507 Old Toll Circle, Black Mountain, NC 28711

800-710-1539, Ext. 1