If you're marketing gummy supplements, the rules around what you can say matter. The FDA and FTC are the main watchdogs. They enforce standards to keep claims honest and backed by evidence.
Who Regulates What?
Two federal agencies oversee supplement advertising:
- The Food and Drug Administration (FDA): Regulates supplements under the Dietary Supplement Health and Education Act (DSHEA) of 1994. The FDA monitors product labeling, including package claims, to ensure they are not false or misleading and that supplements are marketed as foods, not drugs.
- The Federal Trade Commission (FTC): Polices advertising across all media—from print and TV to social media and influencer posts. The FTC requires that all objective claims be backed by "competent and reliable scientific evidence."
What You Can Say vs. What You Can't
This is the core of compliant advertising.
You Can: Structure/Function Claims
These describe how a nutrient affects normal body function. They must be truthful and come with an FDA disclaimer. Examples for gummy supplements:
- "Calcium builds strong bones."
- "Vitamin C supports the immune system."
- "Fiber aids digestion."
You Can't: Disease or Drug Claims
Stay away from any claim that diagnoses, treats, cures, or prevents a disease. Also, don't present your supplement as a drug. Examples to avoid:
- "prevents heart disease"
- "treats arthritis"
- Any performance claim not supported by solid science
Best Practices for Compliant Ads
- Focus on General Well-being: Talk about supporting overall health and normal bodily functions, not treating specific conditions.
- Use the Required Disclaimer: The one that says: "These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease."
- Back Up Every Claim: Have scientific evidence ready before you make any structure/function claim.
- Be Transparent: List ingredients, nutrition facts, and serving sizes clearly. Make sure your label meets FDA rules.
- Cover All Channels: Your website, social media, packaging, and even customer testimonials all need to follow the same rules.
Stick to truthful, substantiated structure/function claims, and you can market your gummy supplements confidently—while staying on the right side of the law.