Nutraceuticals and Social Media: FDA and FTC Like and Subscribe to the Next Big Trend in Litigation

Angela L. Angotti & Michele Fields

ABSTRACT

The Article discusses growth of the nutraceutical industry and social media as well as the risks and rewards when using influencers on Instagram, TikTok, YouTube, and other social media sites to promote nutraceutical products. The Article discusses the U.S. Food and Drug Administration’s (FDA’s) and the Federal Trade Commission’s (FTC’s) enforcement priorities on mental health claims in dietary supplements; recent actions against companies for deceptive influencer endorsements and testimonials regarding nutraceuticals; as well as state-level consumer protection claims, including an example from a recent case in Texas.

Food and Drug Law Journal

Volume 78, Number 3

Nutraceuticals and Social Media: FDA and FTC Like and Subscribe to the Next Big Trend in Litigation

ABSTRACT

Food and Drug Law Journal

Implications of Recent Third Circuit Court of Appeals Decision for FDA Drug Approval Framework (Open Access)

FDA, Medical Communications, and Intended Use—A New Challenge to First and Fifth Amendment Constraints on Government Power (Open Access)

Nutraceuticals and Social Media: FDA and FTC Like and Subscribe to the Next Big Trend in Litigation

Orphan Does Not Always Mean Alone—A Case Study of Eosinophilic Esophagitis, an Orphan Disease