Key Points:

• Regulated claims must be truthful, evidence-based, and follow FDA, USDA, or FTC standards.
• Common regulated claims include health, nutrient content, organic, and gluten-free claims.
• Using claims incorrectly can create legal risk, such as potential fines from regulatory bodies like the FTC. It may also result in listing removal or other platform enforcement actions, such as account suspension. Always verify claims with manufacturers or certifying bodies.

Regulated Claims

• Food and Drug Administration (FDA)
• US Department of Agriculture (USDA)
• Federal Trade Commission (FTC)

Common Types of Regulated Claims

Health Claims

• Health claims describe the relationship between a food, ingredient, or supplement and a reduced risk of a disease or health-related condition.
• These claims must be authorized by the FDA and supported by scientific evidence.

• "Adequate calcium, as part of a well-balanced diet, may reduce the risk of osteoporosis."
• "A diet low in total fat may reduce the risk of some cancers. Cancer development depends on many factors."
• "Diets low in sodium may reduce the risk of high blood pressure. This disease is associated with many factors."
• "Consuming 3 grams of soluble fiber from whole grain oats daily may help reduce heart disease risk. This should be part of a diet low in saturated fat and cholesterol."

Nutrient Content Claims

• Nutrient content claims describe the amount of a nutrient in a product.
• These claims must meet FDA-defined thresholds.
• Examples:
  • "Low calorie"
  • "Free total fat"
  • "Reduced saturated fat"
  • "Low cholesterol"
  • "Light in sodium"
  • "No added sugars"

Structure/Function Claims

• These claims describe how a nutrient or ingredient supports normal body structure or function.
• These claims do not require FDA pre-approval. They must include a disclaimer stating they are not FDA-evaluated.
• Examples:
  • "Calcium builds strong bones."
  • "Supports immune and digestive health"
  • "Fiber helps maintain bowel regularity."
  • "Antioxidants maintain cell integrity."

USDA Organic Claims

• Products labeled "Organic" must meet USDA National Organic Program (NOP) standards.
• Certification confirms compliance with approved farming and production practices.
• Examples:
  • "Certified Organic by USDA"
  • "100% Organic"
  • "Organic"

Gluten-Free Claims

• Gluten-free claims are regulated by the FDA.
• Products must contain less than 20 ppm (parts per million) of gluten.
  • This is important for consumers with celiac disease or gluten intolerance.
• Examples:
  • "Gluten-Free"
  • "No Gluten"
  • "Free of Gluten"
  • "Without Gluten"

Non-GMO Claims

• These claims must be truthful and not misleading under FDA standards.
  • This claim assures consumers that the product does not contain genetically modified organisms.
• Examples:
  • "Not bioengineered"
  • "Not genetically engineered"
  • "Not genetically modified through the use of modern biotechnology"
  • "We do not use ingredients that were produced using modern biotechnology."
  • "This oil is made from soybeans that were not genetically engineered."
  • "Our corn growers do not plant bioengineered seeds."

FTC Green Guides & Environmental Claims

• Green marketing claims, such as "eco-friendly" or "biodegradable," must follow FTC guidelines.
  • These claims must be substantiated to prevent misleading consumers.
• Examples:
  • "Compostable"
  • "Biodegradable"
  • "Paraben-free"
  • "Ozone-Safe"
  • "Recyclable"
  • "Renewable Energy"

Made in USA Claims

• "All or virtually all" of the product must be made in the United States.
• Examples:
  • "Made in USA"
  • "Our products are American-made."
  • "USA"

Best Practices for Compliance

• Check regulatory definitions before using a claim.
• Work with manufacturers and certification bodies to verify claims, such as from USDA Organic or the Non-GMO Project. For product safety-related claims, review CPSC Approval, Certification and Testing Claims: What You Need to Know.
• Only use claims that appear on the original product label.
• If a claim is not on the label, do not include it in the listing.
• Stay informed about regulatory updates.

Importance for Sellers

• Build customer trust
• Avoid legal and reputational risk, including platform enforcement actions
• Stay aligned with platform policies
• Create clear and compliant product listings