Start with what a supplement is allowed to claim
The FDA says a dietary supplement cannot claim to "diagnose, treat, cure or prevent any disease"; only a drug may make those claims. A supplement may make a structure/function claim, which describes how an ingredient affects the normal structure or function of the body. When it does, 21 CFR 101.93(c) requires this disclaimer: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." The FDA also says the manufacturer must notify it of the claim no later than 30 days after first marketing the supplement with it.
Under 21 CFR 101.93(g), a statement becomes a disease claim when it says or implies the product "has an effect on the characteristic signs or symptoms of a specific disease or class of diseases." A creator naming a condition and saying the product helped it can turn a legal structure/function message into a disease claim.
| Claim type | What it does | Allowed in creator content? |
|---|---|---|
| Structure/function | Describes an effect on normal body structure or function | Yes, if your evidence supports it and it matches your notified claim |
| Disease claim | Says or implies the product diagnoses, treats, cures, or prevents a disease or its signs and symptoms | No. Only a drug may make it |
| Personal experience | Describes how the creator uses the product in a routine | Yes, if true, typical, and free of implied disease claims |
Sources: FDA, Structure/Function Claims (content current as of March 28, 2024); 21 CFR 101.93.
A creator's words are your ad
The FTC's Health Products Compliance Guidance, published in December 2022, says advertisers cannot make claims through endorsements that would be deceptive if made directly, and that advertisers "must have appropriate scientific evidence to back up the underlying implied claim that the product is effective." For health benefit claims it says randomized, controlled human clinical trials "are generally the type of substantiation that experts would require."
The disclaimer does not rescue a bad claim. The same guidance says "the DSHEA disclaimer or similar statements won't cure an otherwise deceptive ad, particularly where the deception concerns claims about the health-related benefits of a product."
What the FTC has done about health influencers
On November 15, 2023, FTC staff sent warning letters to two trade associations, the American Beverage Association and The Canadian Sugar Institute, and to 12 registered dietitians and other online health influencers over Instagram and TikTok posts that lacked adequate disclosure of paid relationships. Each letter included the FTC's notice of penalty offenses on misleading endorsements and warned that future failures to disclose could bring civil penalties.
In March 2020 the FTC announced a settlement with tea marketer Teami over claims, made without reliable scientific evidence, that its products helped consumers lose weight and fought cancer, and over paid influencers who did not adequately disclose that they were paid. FTC staff sent warning letters to ten of those influencers. In both, the FTC addressed the companies behind the posts, not only the creators.
Build the claims sheet before casting
- The exact structure/function claims you have notified and can substantiate, word for word
- A list of conditions and disease words creators must not mention in connection with the product
- How the creator may describe their own routine, and what they may not say about results
- Required disclosure wording and placement for each platform
- Who reviews each draft for claims before it posts, and how comments that raise health questions are handled
- The markets the product is sold in, since rules outside the United States differ
Cast creators who can stay inside the sheet
Supplement campaigns go wrong when a creator improvises. Look at how candidates talked about health products in past sponsored posts. A creator who already says "this is part of my morning" instead of "this fixed my gut" will need fewer corrections. If a creator presents a credential such as registered dietitian, 16 CFR 255.3 requires the qualification to be real and relevant to the endorsement.
Have OVO run the supplement campaign
OVO is a creator marketing company that runs managed influencer campaigns for consumer brands, from strategy and casting through review and reporting. Fitness, activewear, wellness, and beauty are among the categories it focuses on. Send the product, the launch or campaign dates, the markets you sell in, and any claims your team has already approved, and OVO's team reviews it for fit and follows up by email if it can help.
Frequently asked questions
Can an influencer say a supplement cured them?
No. A claim that a supplement cures, treats, or prevents a disease is a drug claim, which the FDA says a dietary supplement cannot make. Saying it as personal experience does not change that, and the FTC treats a claim made through an endorser as the advertiser's claim.
Does the FDA disclaimer have to appear in an influencer's post?
The 21 CFR 101.93 disclaimer is a labeling requirement. Whether a given post counts as labeling is a question for your regulatory counsel. Either way, the FTC says the disclaimer will not cure an otherwise deceptive health claim, so keep the creator's words inside what you can substantiate.
Do registered dietitians have to disclose brand payments?
Yes. The FTC's November 2023 warning letters went to registered dietitians and other health influencers whose paid posts lacked adequate disclosure. A credential adds weight to a post, which makes the disclosure more important.
Should a supplement brand use an influencer marketing agency?
An outside partner can handle casting, briefs, draft review, and reporting, which is where most of the hours go. It does not move the legal exposure: the FTC says delegating part of a promotional program to an outside company does not relieve the brand of responsibility. Choose a partner that asks for your substantiation before it casts anyone.
Can we repost customer and creator testimonials about results?
Only if the results are what people can generally expect, or the ad clearly says what they can expect. The FTC's Health Products Compliance Guidance says a line like "Results not typical" is not enough on its own.
- FDA, Structure/Function Claims (2024)
- Cornell LII: 21 CFR 101.93, Certain types of statements for dietary supplements
- FTC, Health Products Compliance Guidance (2022)
- FTC, The FTC's Endorsement Guides: What People Are Asking (2023)
- FTC, FTC Warns Two Trade Associations and a Dozen Influencers About Social Media Posts Promoting Consumption of Aspartame or Sugar (2023)
- FTC, Tea Marketer Misled Consumers, Didn't Adequately Disclose Payments to Well-Known Influencers, FTC Alleges (2020)
- Cornell LII: 16 CFR 255.3, Expert endorsements (2023)
Explore managed influencer campaigns and creator content for your brand.
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