Significant New Developments at FDA Are Shaping the Future of the Industry

At the close of 2022, the FDA issued a proposed rule setting forth new criteria for the labeling of food products with the claim “healthy.” While the proposed rule does not directly prohibit the use of the term “healthy” on dietary supplements, the Agency’s silence on the matter is eliciting concerns about whether and when supplement companies may use the term “healthy” in any context on their labels in the future.

FDA has also proposed a reorganization of the Human Foods Program leaving industry wondering how this will impact the future of dietary supplements, and they have additionally proposed new amendments to regulations on IND applications creating uncertainty about what clinical studies will look like in the years ahead.

What’s more, at the start of this year, FDA issued an announcement stating that the future regulation of CBD lies with Capitol Hill and a new regulatory pathway. In the wake of this announcement, industry is left contemplating the hurdles that lay ahead to clearing a legal pathway for CBD.

Updated FTC Guidance Will Impact the Future of Dietary Supplement Advertising

On December 20, 2022, the FTC’s Bureau of Consumer Protection issued its new Health Products Compliance Guidance, the Commission’s first revision of its dietary supplement advertising guidance in nearly 25 years. This new guidance has doubled down on the FTC’s gold standard for claims substantiation and has left supplement companies pondering what exactly substantiation requirements will look like going forward. In addition, FTC has announced forthcoming updates to the Green Guides which will impact the future of environmental marketing claims made by supplement companies.

The States Have Been Active on the Environmental Front, the Plaintiffs’ Bar Remains a Constant Threat

At this year’s conference we will additionally explore the latest trends in state activity impacting the industry, including new developments in state packaging and sustainability laws. We will also strategize on combatting the latest class action activity targeting the supplements industry, and will help you to design and implement class action preparedness protocols at our newly added Class Action Defense Boot Camp.

Industry Continues to Push for Strides in Personalized Medicine and Product Integrity

Finally, this summer’s conference will provide unique opportunities to collaborate on the future role of dietary supplements in personalized nutrition, as well as how industry can work together towards increasing product integrity by addressing counterfeits, fraud and third-party product testing challenges.

Learn About This and More at This Year’s Conference

Do not miss the chance to join leading industry stakeholders and explore how the changing legal and regulatory landscape will impact industry policies and practices for the remainder of 2023 and beyond.

We look forward to seeing you in New York this June!