Case Study on Structure Function vs. Health Claims

POLLING: Promoting Wellness in the Age of COVID-19: Striking a Balance Between Opportunity and Responsibility

February 3, 2021 2:00pm

Sally Davis
Senior Director, Corporate Counsel
SC Johnson (Racine, WI)

Andrew Lustigman
Partner
Olshan Frome Wolosky LLP (New York, NY)

Randi Schumacher
Deputy General Counsel
Nutrabolt (Boise, ID)

Svetlana Walker
Vice President & Deputy General Counsel – Global Growth and KCNA Baby & Child Care
Kimberly-Clark Corporation (Neenah, WI)

The unexpected arrival of a global pandemic has created confusion around claims substantiation as a plethora of companies scrambled to launch new wellness products or repackage old ones claiming some kind of health benefit. This panel will use the backdrop of COVID-19 as a case study to illustrate the dangerous and fine line between legitimate wellness promotion and making deceptive health claims.

Points of discussion will include:

  • Understanding the impact of a pandemic on claims for disease prevention
  • Avoiding making misleading and scientifically unsupported claims about products’ ability to treat or prevent coronavirus in response to consumer fears
  • Substantiating claims under the gun: maximizing opportunities in a time of need while ensuring proper safeguards to avoid exploiting a crisis
  • Following FDA guidance and regulations for products such as masks and hand sanitizers
  • Immunity boosting and support: which claims are appropriate and which ones are not?
    • Recent NAD/FTC cases relevant to dietary supplements and foods
  • Avoiding the dangers of implied claims relative to health benefits
  • Interpreting the necessary proofs for therapeutic grade claims: a critical assessment of claims made for essential oils, cosmetics and similar products
  • Reviewing federal and state ramped-up enforcement efforts to ensure compliance and measuring the impact of unsubstantiated therapeutic claims in a pandemic
    • Will we see more aggressive positions in advertising substantiation cases for health and wellness products?