FDA Labeling Health Claim Enforcement Up Under Biden: Attorneys
Three Hogan Lovells attorneys write that a 2/19 FDA announcement of Warning Letters sent to 10 companies for selling dietary supplements that claim to cure, treat, mitigate, or prevent depression and other mental health disorders “signals that FDA labeling enforcement on health-related claims is on the rise under the new administration and that we should anticipate similar market sweeps in the future.” The online analysis notes that none of the targeted supplements contained cannabidiol, an FDA enforcement focus in the past, and none made Covid-19 claims.
While specific claims varied among the letters, they generally included claims related to “reduced anxiety,” “relief of temporary depression or occasional feelings of sadness and melancholy,” and “mood support,” within the context of other claims about depression, the attorneys write.
The post says the attorneys expect that the Federal Trade Commission (FTC) will also take a more active role on enforcement matters under the new administration. “Like FDA, the FTC has been predominantly bringing enforcement actions related to Covid-19,” the attorneys say. “We believe FTC may shift its attention toward areas that have been dormant in the last administration, such as health-related claims and environmental claims.”