Workshop B — Social Media Claims Compliance Master Class: A Comprehensive Playbook for Dietary Supplement Advertising and Claims Substantiation in the Digital Marketplace
David Mallen
Partner, Co-Chair – Advertising Disputes
Loeb & Loeb LLP
Danait Mengist
Senior Attorney
Arnold & Porter
Jennifer Santos
Program Development Manager
Center for Industry Self Regulation (CISR)
BBB National Programs
As social media and online marketplaces continue to dominate dietary supplement marketing, regulators and plaintiffs’ attorneys are taking a closer look at how claims are made, substantiated, and amplified online. From influencer partnerships and endorsements to consumer reviews and emerging platforms, compliance in the digital space has become increasingly complex—and increasingly high risk.
This interactive workshop will provide a practical roadmap for making compliant product claims across social media and e-commerce channels, helping companies balance effective marketing with regulatory expectations. Attendees will walk away with actionable strategies to strengthen internal controls and reduce enforcement and litigation exposure.
Key discussion topics include:
- Promoting products effectively online while staying within regulatory guardrails
- Recent FTC enforcement actions and guidance affecting supplement claims on social media
- What the FTC’s revised Endorsement Guides mean for influencers, brands, and substantiation obligations
- Understanding the FTC’s Final Rule on Consumer Reviews and Testimonials, including common compliance traps and grey areas that are continuing to trip companies up
- Scientific substantiation standards for social media claims: what evidence is required and when
- Platform-specific risk considerations for TikTok, Instagram, Snapchat, and major e-commerce sites, including Amazon
- Building a defensible compliance framework for:
- Consumer and expert endorsements
- Influencer and celebrity partnerships
- Consumer reviews on third-party platforms
- Clear and conspicuous disclosure of material connections
- Managing influencer risk by setting expectations, monitoring content, and implementing safeguards to prevent unsubstantiated claims