Workshop B — Claims Substantiation Master Class: Comprehensive Tools for Navigating Claim Support and Making Effective and Compliant Claims in an Ever-Changing Marketing World

Jun 27, 2023 1:30pm – 05:00 PM

Jacqueline J. Chan
Assistant General Counsel, Regulatory & Marketing
Unilever (Washington, DC)

Cynthia Meyer
Kleinfeld, Kaplan & Becker (Denver, CO)

Jennifer Santos
BBB National Programs

In an era where Facebook, Instagram TikTok, and product user reviews are major sources of information for consumers, dietary supplement brands are wise to include social media in their marketing strategy. However, when dealing with non-traditional tactics such as influencer marketing, online celebrity endorsements or consumer reviews, supplement companies must be diligent in ensuring that claims about their products are thoroughly substantiated, appropriate disclosures are made, and compliance teams are aware of the latest regulatory guidance and concerns.

This panel will explore topics including:

  • Determining how to compliantly promote your product and win consumer confidence while staying out of trouble with the regulators
  • Examining how new FTC substantiation guidance, endorsement disclosure guidelines, and enforcement activity around use of consumer reviews are impacting social media and other online marketing by supplement companies
  • Determining the scientific evidence necessary to meet FTC claim substantiation standards
  • Examining how the latest regulatory guidance and enforcement activity impacts influencers and advertisers on platforms like TikTok, Instagram stories, Snapchat, and online retailers like Amazon
  • Developing best practices for:
    • Consumer endorsements and consumer reviews
    • Expert, celebrity, and influencer endorsements
    • Reviews on third-party websites
    • Repurposed reviews
    • Disclosures of material connections to the brand or seller of the advertised product
  • Influencing your influencers: preventing rogue influencers from touting unsubstantiated claims and implementing safeguards against influencer campaign liabilities