Federal Trade Commission (FTC)
January 1999

Since the passage of DSHEA, the Federal Trade Commission (FTC) has exerted greater regulatory control over dietary supplement advertising. In the 4 years following DSHEA, they charged supplement makers 34 times for misleading ads compared with only 24 cases in the twelve years prior.

Unencumbered by DSHEA, the FTC often imposes more restrictions on manufacturers than does the FDA. FTC regulations are similar to FDA labeling regulations but operate under a completely separate body of laws.

The FTC can take action against supplement manufacturers who make claims that lack "sound scientific evidence" in their advertising or that they deem false or misleading. These restrictions have been only loosely defined, a situation that can impose significant costs and delays on manufacturers as they bring products to market.

For a complete listing of FTC advertising regulations:

• Dietary Supplements: An Advertising Guide for Industry
• How the FTC brings an action