Truth in Advertising Progress
Natural Products Foundation meets with Regulatory Agencies
Truth in Advertising Program Refers 40 Cases to FTC and FDA
Washington, D.C. (February 3, 2014) — Marc Ullman, chairman of the Natural Products Foundation Legal Advisory Council, met with representatives of the Federal Trade Commission (FTC) in January to present documentation highlighting 40 advertisers responsible for making drug claims on behalf of dietary supplements. The cases were also brought to the attention of representatives at the U.S. Food and Drug Administration (FDA).
The 40 organizations referred to the federal agencies failed to amend marketing materials after being contacted by the NPF Truth in Advertising Program. NPF requested that the agencies take action against all non-compliant companies, including the most recent Truth in Advertising referrals.
“NPF is pleased with the continued feedback and interest our Truth in Advertising initiative has received over the past four years from FTC and FDA,” noted Mr. Ullman. “We are working aggressively to maintain advertising standards within the industry, and to rehabilitate problems we see from the inside. Since 2010, this program has sent 400 warning letters to companies with illegal claims in their advertising. Every year we find the advertisers increasingly receptive and open to our message of reform. Changes are made day-to-day, improving the larger picture for the industry, and protecting consumers from false or misleading information.”
The NPF Truth in Advertising Program works to educate publishers, manufacturers, suppliers, and retailers to help ensure that consumers receive accurate information about dietary supplements. In 2013, as part of the Truth in Advertising initiative, NPF reviewed 275 advertising cases suspected to be problematic and mailed 150 warning letters to companies marketing dietary supplements with illegal drug and disease claims.
“With the Foundation’s education outreach and guidance, a large majority of advertisers are able to correct and improve their materials without issue,” stated Ullman. “Most cases result in positive action; however, if companies are unwilling to bring advertising into compliance after glaring problems have surfaced, then the only option left is regulatory action. As responsible industry members we feel it is vital to sit down with regulators, highlight the trends we’re seeing in the field, identify the pitfalls, and to work through individually detailed case histories.”
Since 2010, 74% of warning letter recipients have acknowledged the problems highlighted by NPF investigation and worked to revise their promotional content and advertising practices. Over the four-year course of the program, Truth in Advertising has overseen 600 advertising case reviews. Truth in Advertising Review is initiated by NPF staff members under the supervision of the NPF Legal Advisory Council.
“The NPF Legal Advisory Council is composed of dedicated lawyers who volunteer their time to help monitor problems and educate members of our industry,” said Ullman. “This is a great example of the supplement industry’s commitment to compliance and self-regulation.”
Current Legal Advisory Council volunteers are Mr. Ullman of Ullman, Shapiro & Ullman, New York; William Garvin of Buchanan, Ingersoll & Rooney PC, Washington, D.C.; Jackie Kuler of Gronek & Associates, Chicago; Nicholas Licato, General Counsel at Nexgen Pharma; and Jim Prochnow and Justin Prochnow of Greenberg Traurig, Denver.
NPF Truth in Advertising Expands Education Outreach
Foundation Sends 150 Warning Letters in 2013
Washington, D. C. (December 11, 2013) — The Natural Products Foundation (NPF) has finalized its fourth year of the Truth in Advertising Program, an ambitious initiative designed to help industry members present accurate promotions and information about natural products to consumers.
“The NPF Truth in Advertising program clearly demonstrates that members of our industry are responsible and support ongoing educational efforts to ensure broad knowledge of truth in advertising standards,” stated NPF chairman David Brown at SupplySide West in November. “We are aggressively working to ensure that advertising is in compliance with existing regulations.”
Truth in Advertising educates publishers, manufacturers, suppliers, and retailers to help ensure that the information presented to consumers concerning dietary supplements is truthful and not misleading.
“I’m happy to report that the vast majority of companies in this industry are knowledgeable, responsible, and want to do the right thing,” said Brown. “More and more, companies don’t just want to do well, they want to do good. They want to do the right thing, and so they’re taking steps to make sure that they’re in compliance.”
In 2013, NPF reviewed 275 advertising cases and mailed 150 warning letters to companies responsible for marketing dietary supplements with illegal drug and disease claims.
“There are some companies that are well-intended, but maybe they’re inexperienced, maybe they are relatively newcomers, and don’t have a lot of resources, and so in their ignorance and in their zeal, they say things that they really shouldn’t say,” stated Brown. “They are pretty easy to deal with. We point out their deficiencies and the way that they’re not compliant by utilizing some of the industry’s top legal minds and authorities, who work with us on a pro-bono basis, to help these companies get into compliance. In the vast majority of cases, as soon as we point out the things that need to be fixed, they go ahead and make those changes.”
Since 2010, 73.5% of warning letter recipients have acknowledged the problems highlighted and worked to revise their promotional content and advertising practices. Over the course of the program, Truth in Advertising has initiated 575 advertising case reviews and mailed 385 warning letters.
NPF Promotes Advertising Compliance at SupplySide West
Chairman David Brown highlights Truth in Advertising for SupplySide Why
Washington, D. C. (November 11, 2013) — The Natural Products Foundation Truth in Advertising Program is an ambitious effort designed to help the industry present accurate promotions and information about natural products to consumers. Truth in Advertising works to educate publishers, manufacturers, suppliers, and retailers.
On November 14 and November 15, the Natural Products Foundation will once again be a part of the SupplySide Compliance Program at SupplySide West.
Legal Advisory volunteers Marc Ullman, Jackie Kuler, Nicholas Licato, and Justin Prochnow will help ensure that exhibiting industry members understand common compliance issues and the importance of self-regulation for dietary supplement advertising.
David Brown, the Chairman of the NPF Board of Directors, will be presenting a SupplySide Why talk The Impact of the Self Regulatory Effort, highlighting the Foundation's Truth in Advertising work within the industry. SupplySide Why will feature two full days of short, dynamic talks, presented by industry thought leaders, innovators and leading marketers. Mr. Brown's talk will be presented from the Sands Expo Booth #28073 at 1:00 PM PT on Friday, November 15, and available to stream live online via west.supplysideshow.com/why-live.
In addition, Marc Ullman and Justin Prochnow will each be featured speakers for SupplySide Education programming. Mr. Ullman will take part in Responding to FDA 483's and Warning Letters on Thursday, November 14 at 10 AM. Mr. Prochnow will present Caffeine: It's Not Just in Your Cup of Coffee Anymore on Thursday, November 14 at 2 PM.
The NPF Truth in Advertising Review Program identifies non-compliant dietary supplement promotions and provides education outreach to ensure industry members comply with Dietary Supplement Health and Education Act (DSHEA) regulations. Since 2010, NPF has reviewed more than 500 advertising cases, mailed 350 warning letters to companies marketing dietary supplements with drug and disease-related statements, and worked with 225 companies to improve marketing policies
NPF Expands Legal Advisory Council
Foundation Welcomes William Garvin of Buchanan, Ingersoll & Rooney PC
Washington, D. C. (September 3, 2013) — The Natural Products Foundation (NPF) has announced the addition of a new member to the NPF Legal Advisory Council: William Garvin of Buchanan, Ingersoll & Rooney PC.
William Garvin focuses his practice on issues related to the approval, regulation, promotion, sale, and reimbursement of drugs, medical devices, biologics, excipients, dietary supplements, and foods. William's work includes challenging administrative agency actions through correspondence, citizen petitions, and litigation. He has extensive experience in assisting companies with complying and contesting administrative agency actions and regulations at both the federal and state level. Prior to joining Buchanan, William was an associate with a boutique law firm in Washington, D.C. where he worked on matters related to ensuring that foods, drugs, dietary supplements, medical devices, and cosmetics complied with federal and state laws.
The NPF Legal Advisory Council (LAC) is composed of attorneys who volunteer their time to help improve the dietary supplement industry’s advertising practices. LAC members are instrumental in NPF’s Truth in Advertising work, supervising the highly successful review component of the program. Current council members include Marc Ullman (Ullman, Shapiro & Ullman), Jackie Kuler (Gronek & Associates), Nicholas Licato (Nexgen Pharma), Jim Prochnow (Greenberg Traurig), and Justin Prochnow (Greenberg Traurig)
“I am honored to be invited to join the NPF’s Legal Advisory Council,” said Garvin. “I believe in the NPF’s goal of educating the industry and ensuring that all dietary supplement companies continue to comply with the law. NPF’s successful self-regulation of the dietary supplement industry helps ensure this economic sectors’ continued growth.”
The NPF Truth in Advertising Review Program is a pro-active effort that identifies non-compliant dietary supplement promotions and provides education outreach to ensure industry members comply with Dietary Supplement Health and Education Act (DSHEA) regulations. Since 2010, NPF has reviewed 500 advertising cases, mailed more than 300 warning letters to companies marketing dietary supplements with drug- and disease-related statements, and worked with 225 companies to improve marketing policies.
The NPF Truth in Advertising Review is an efficient program founded in the industry’s commitment to honest, accurate promotions, creating real improvements in dietary supplement advertising. For further info on the review program and advertising guidelines, please visit: naturalproductsfoundation.org/truth.
NPF Truth in Advertising Review Sends 300th Warning Letter
Dietary Supplement Self-Regulatory Program Reaches Milestone
Washington, D. C. (June 3, 2013) — Truth in Advertising Review is a pro-active effort that identifies non-compliant advertiser promotions for dietary supplements. Since 2010, NPF has sent 300 warning letters to companies marketing dietary supplements with illegal drug and disease claims, drawing attention to current regulatory guidelines.
The Truth in Advertising Review is overseen by the NPF Legal Advisory Council (LAC). The LAC is composed of attorneys who volunteer their time to help improve the dietary supplement industry’s advertising practices. Current council members include Marc Ullman of Ullman, Shapiro & Ullman, Jackie Kuler of Gronek & Associates, Nicholas Licato of Nexgen Pharma, and Jim Prochnow and Justin Prochnow of Greenberg Traurig.
NPF has reviewed 150 new Truth in Advertising cases in 2013. Since 2010, NPF has initiated more than 450 advertising case reviews. Over the course of the program, two-thirds of all advertisers contacted by NPF have brought their promotions into compliance.
“Our message is getting through—if a product makes a disease claim, it is categorized as a drug. If marketers misrepresent such products as dietary supplements, they’ve clearly crossed a red line,” noted Marc Ullman, NPF Legal Advisory Council Chairman. “Every dietary supplement marketer should understand that compliance needs to be part of their corporate culture,” noted Ullman. “This is a critical aspect of maintaining our industry’s credibility in the eyes of all consumers.”
Have you seen a dietary supplement advertisement making drug or disease-related claims? Request a TIA Review for any advertisement online: naturalproductsfoundation.org/review.
NPF Truth in Advertising Program Notifies FTC of Illegal Drug Claims
Self-Regulatory Effort Completes 100 Warning Letters in 2012
Washington, D. C. (December 17, 2012) — Marc Ullman, Legal Advisory Council Chairman of the Natural Products Foundation (NPF), met with Richard Cleland of the Federal Trade Commission (FTC) on December 11, 2012 to present documentation highlighting 26 advertisers responsible for making drug claims on behalf of dietary supplements. The organizations referred to the FTC failed to amend marketing materials after being contacted by the NPF Truth in Advertising program. NPF requested that the regulatory agency take action against all non-compliant companies, including the current Truth in Advertising referrals.
“NPF is now completing its third full year working to rehabilitate industry advertising,” noted Mr. Ullman. “We are extremely gratified by the continued interest and feedback we have received from both the FTC and FDA regarding the Truth in Advertising initiatives. As our program progresses, the companies we are reaching out to have become increasingly receptive to our message.”
Truth in Advertising works to educate publishers, manufacturers, suppliers, and retailers to help ensure that the information presented to consumers concerning dietary supplements is truthful and not misleading. In 2012, NPF mailed 100 warning letters to companies marketing dietary supplements with illegal drug and disease claims. Over the course of the program, two-thirds of all advertisers contacted by NPF have brought their promotions into compliance.
“With guidance, advertisers often correct their materials and move on without issue. Most are grateful for the educational resources and advice NPF provides, and quick to make their promotions right,” stated Ullman. “Most ‘warning letter’ cases result in positive action and improved practices; however, when companies are unwilling or unable to bring advertising into compliance after they’ve been notified of a problem, then the only option left is regulatory action. It’s important for responsible industry to sit down with regulators like Rich Cleland to discuss the trends we’re seeing in the field as part of our self-regulatory initiative and to work through individually detailed case histories.”
“NPF aims to improve the overall standard of supplement advertising,” stated David Brown, Chairman of the NPF Board of Directors. “Working with federal regulators to minimize bad actors and eliminate egregious and non-compliant advertisers is a positive step forward. Truth in Advertising is at the forefront of industry education, alerting companies to illegal drug claims and irresponsible marketing practices. We continue our industry outreach knowing the absolute importance of honest advertising for both the well-being of consumers and the sustained integrity of all natural products.”
Since 2010, NPF has initiated more than 300 advertising case reviews and mailed 235 warning letters to companies responsible for marketing dietary supplements. During this period, NPF has referred a total of 73 cases to representatives from the FTC and the US Food and Drug Administration (FDA) for further action.
The Truth in Advertising Review is overseen by the NPF Legal Advisory Council (LAC). The LAC is composed of attorneys who volunteer their time to help improve the dietary supplement industry’s advertising practices.Current council members include Mr. Ullman of Ullman, Shapiro & Ullman, Jackie Kuler of Gronek & Associates, Nicholas Licato of Nexgen Pharma, and Jim Prochnow and Justin Prochnow of Greenberg Traurig.
NPF Truth in Advertising Review Sends 200th Warning Letter
Washington, D. C. (October 8, 2012) — The Natural Products Foundation (NPF) Truth in Advertising Review is a pro-active effort that identifies non-compliant advertiser promotions for dietary supplements. Since 2010, NPF has sent 200 warning letters to companies marketing dietary supplements with illegal drug and disease claims, drawing attention to current regulatory guidelines.
“The NPF Truth in Advertising (TIA) Review is vital to the integrity of dietary supplements and the overall well-being of consumers,” stated David Brown, Chairman of the NPF Board of Directors. “The TIA Review represents the vanguard for educating industry members about the pitfalls of illegal drug claims and irresponsible marketing practices. A small minority of marketers have the potential to undermine decades of progress made by natural health initiatives. Our industry outreach and education efforts highlight problematic advertising and labeling issues while working with marketers to ensure that they are fully compliant with current regulations.”
Since the inception of the NPF Truth in Advertising Review, two-thirds of all warning letter recipients have acknowledged the issues outlined by NPF and worked to revise promotional content and advertising practices. Compliance rates continue to show improvement as the program moves forward, with 80% of 2012 warning letter recipients working to improve their ads.
The issue has been thrown into sharp relief by a recent report from the Office of Inspector General of Health and Human Services (HHS), highlighting non-compliant label language and disease claims. Responding to questions surrounding the HHS report, Ullman said: “As an industry we need to recognize—and we do recognize—that there is a problem.”
“Over the past three years NPF has worked case by case to rehabilitate advertising standards within the dietary supplement industry,” stated Mr. Brown. “From the beginning of the Truth in Advertising program, NPF has been focused on the problem posed by drug and disease claims. The NPF Truth in Advertising program review process has addressed this issue head-on, and will continue to work toward full industry compliance.”
NPF Expands Legal Advisory Council
Welcomes Jim Prochnow and Justin Prochnow of Greenberg Traurig, LLP
Washington, D. C. (October 1, 2012) — In October, the Foundation announced the addition of two new members to the NPF Legal Advisory Council: Jim Prochnow and Justin Prochnow of Greenberg Traurig, LLP. The NPF Legal Advisory Council (LAC) is composed of attorneys who volunteer their time to help improve the dietary supplement industry’s advertising practices. LAC members are instrumental in NPF’s Truth in Advertising work, supervising the highly successful review component of the program. Current council members include Marc Ullman (Ullman, Shapiro & Ullman), Jackie Kuler (Gronek & Associates), and Nicholas Licato (Nexgen Pharma).
Jim Prochnow is a shareholder in the Denver office of Greenberg Traurig, LLP. He concentrates his practice primarily on regulatory affairs and litigation, focusing on food and drug law, advertising law and intellectual property issues. Jim works to defend companies and individuals in Federal Trade Commission investigations concerning false and misleading advertising and with respect to FDA enforcement efforts. He advises companies and individuals about safe and aggressive marketing practices that comply with the Federal Food, Drug and Cosmetic Act, the FTC Act and related Guidelines. Mr. Prochnow earned his Juris Doctor degree from the William Mitchell College of Law in 1969.
Justin Prochnow, a shareholder at Greenberg Traurig, LLP, focuses his practice on regulatory and business issues primarily in the food, medical device, drug and cosmetic industries. Justin works with dietary supplement, sports nutrition, beverage, conventional food, cosmetic, medical device and OTC drug companies to ensure regulatory compliance with statutes and regulations enforced by the Food and Drug Administration, the Federal Trade Commission and other regulatory agencies. He also defends companies from both governmental agencies and private litigants with claims ranging from breach of contract and false advertising to RICO and Lanham Act violations.
“We are pleased to have the opportunity to join the NPF Legal Advisory Council and work with fellow members in the continuing effort to promote compliance with the laws and regulations governing dietary supplements,” noted Justin Prochnow. “We believe that self-regulation of companies is an important step to ensure the long-term success of the dietary supplement industry.”
SupplySide Regulatory Compliance Program
NPF Works with VIRGO on Launch of Innovative Self-Regulatory Effort
Washington, D. C. (April 16, 2012) — VIRGO has announced the launch of the SupplySide Regulatory Compliance Program, the newest and most ambitious initiative by the company to ensure that all participants at SupplySide events are in compliance with important regulations covering claims and ingredients. The program includes education, monitoring and enforcement around both inappropriate claims and inappropriate ingredients.
"Industry compliance with FDA and FTC regulations is a responsibility that we all share. It is about the entire community coming together to protect the integrity of the industry as a whole,” said Jon Benninger, Vice President of VIRGO’s Health and Nutrition Network. “After SupplySide West last year, we were notified that an individual was promoting a banned ingredient from the show floor. We realized that our best efforts weren’t enough and we needed to involve the entire community to make sure this never happened again. This innovative approach empowers all of us to help support industry self-regulation.”
The VIRGO Compliance Team will be walking the show floor before and during SupplySide MarketPlace to look for any compliance issues, along with representatives of the Natural Products Foundation (NPF).
VIRGO has partnered with the Natural Products Foundation (NPF) in development and implementation of the program. The NPF Truth in Advertising Program has led the way for industry self-regulatory efforts over the past several years, addressing erroneous drug and disease claims made about dietary supplements.
“We are thrilled to be working with VIRGO in this leading-edge program,” said Deb Knowles, executive director of NPF. “This innovative program provides on-target, substantive educational resources to industry advertisers.” All exhibitors will be asked to sign the NPF’s Truth in Advertising Pledge, promising to abide by current advertising standards.
NPF Alerts FTC to Illegal Drug and Disease Claims
Majority of Organizations Contacted by TIA Program Now Compliant
Washington, D. C. (January 23, 2012) — Marc Ullman, Legal Advisory Council Chairman of the Natural Products Foundation (NPF), met with Richard Cleland of the Federal Trade Commission (FTC) on December 19, 2011 to present documentation regarding 22 non-compliant dietary supplement advertisers. The organizations referred to the FTC failed to amend marketing materials after being contacted by the NPF Truth in Advertising program. NPF requested that the regulatory agency take action against those companies.
Truth in Advertising works to educate publishers, manufacturers, suppliers, and retailers to help ensure that the information presented to consumers concerning dietary supplements is truthful and not misleading. In 2011, NPF mailed 85 warning letters to companies marketing dietary supplements with drug and disease claims. The majority of advertisers contacted through the Truth in Advertising program have brought their promotions into compliance. During the past year, NPF referred a total of 35 cases to representatives from the FTC and the US Food and Drug Administration (FDA) for further action.
“We are, as always, grateful for the interest that the FTC and the FDA have taken in our self-regulatory initiative” Ullman noted. “Any time that a senior representative of the FTC is willing to take time out of their incredibly busy schedule to review the work that we are doing within the TIA program we are getting the kind of feedback that underscores how important self-regulation is in today’s regulatory climate. Every dietary supplement marketer should understand that compliance needs to be part of their corporate culture and that this is a critical aspect of maintaining our industry’s credibility in the eyes of all consumers.”
The Truth in Advertising review process is a pro-active effort targeting non-compliant dietary supplement ads. Reviews specifically investigate advertisements that claim to treat or mitigate disease. The companies responsible for these ads are contacted and informed as to how their marketing materials are illegal. Most companies promptly bring their promotional materials into compliance. When they refuse or fail to amend their practices, NPF passes the information to the FDA and the FTC.
The review process is initiated by Foundation staff members under the supervision of the NPF Legal Advisory Council. The current Legal Advisory Council members are Mr. Ullman (Ullman, Shapiro & Ullman), Jackie Kuler (Gronek & Associates), and Nicholas Licato (Nexgen Pharma). The program is overseen by Mr. Ullman and NPF Executive Director Deb Knowles.
“The goal is a level playing field for the responsible core of the industry,” said Ms. Knowles. “We are working to make sure that fringe companies do not mislead consumers. Unreliable and false advertisements about supplements are detrimental to everyone in the industry.”
NPF meets with FDA leadership regarding supplement ads
Truth in Advertising program completes 110 reviews in 2011
Washington, D. C. (December 12, 2011) — The Natural Products Foundation (NPF) Board of Directors recently met with Dr. Daniel Fabricant, Director of FDA’s Division of Dietary Supplement Programs, to discuss the progress of the NPF Truth in Advertising program. The meeting focused on the continuing role NPF may play in industry education.
“We are extremely gratified that Dr. Fabricant took the time to attend our recent Board of Directors meeting at SupplySide West and speak with us about the Truth in Adverting program and other NPF activities in industry education efforts,” said Marc Ullman, Chairman of the NPF Legal Advisory Council. “The information about FDA’s dietary supplement program priorities and initiatives that Dr. Fabricant was able to share with the Board will be of great assistance in helping us make our programs even more effective.”
The Truth in Advertising program works to educate publishers, manufacturers, suppliers, and retailers to help ensure that the information presented to consumers concerning dietary supplements is truthful and not misleading. The NPF Truth in Advertising program has completed 110 dietary supplement ad reviews in 2011.
NPF provides educational information and resources for advertisers online to assist companies in need of guidance. For additional information about Truth in Advertising, please visit: naturalproductsfoundation.org/truth.
