• Login
    • Join
  • FOLLOW:
  • Subscribe Free
    • Magazine
    • eNewsletter
    Checkout
    • Magazine
    • News
    • Exclusives
    • Nutraceuticals
    • Markets
    • Health
    • Jobs
    • Events
    • Buyers' Guide
    • Showcases
    • More
  • Magazine
  • News
  • Exclusives
  • Nutraceuticals
  • Markets
  • Health
  • Jobs
  • Events
  • Buyers' Guide
  • Showcases
  • Current & Past Issues
    Features
    Columns
    Editorials
    Digital Edition
    Subscribe Now
    Advertise Now
    eNewsletter
    Editorial Guidelines
    Top Features
    Delivering Better Gut Health Supplements

    Delivering Dietary Supplements that Exceed Consumer Expectations

    Green Business Network Seeks Comment on New Certification for Hemp-CBD Businesses

    Sweeteners Market Continues to Broaden with Cleaner Labels and Better Formulations

    Optimizing Gut Health: Unlocking the Gates to Well-Being
    Breaking News
    Certifications, Approvals and Patents
    Exclusives
    Industry & Market News
    People
    Products
    Regulatory
    Research
    Supplier News
    Supplier Insights
    Live From Shows
    Top News
    Kyowa Hakko Launches Heat-Treated Probiotic Strain for Eye Health

    CGA-7 Green Coffee Extract by Vidya Herbs Achieves Self-Affirmed GRAS Status

    Nutritional Complex Evidenced to Reduce Preterm Birth

    Meta-analysis Determines HMB Supplementation Promotes Healthy Muscle Mass in Older Adults

    AHPA’s 9th Botanical Congress to Take Place May 24
    Exclusives
    Blogs & Guest Articles
    Health E-Insights
    Area Code 420
    eBook
    Antioxidants
    Dairy-Based Ingredients
    Enzymes
    Fatty Acids
    Fiber & Carbohydrates
    Green Foods
    Herbs & Botanicals
    Marine Nutraceuticals
    Minerals
    Omega 3s
    Probiotics & Prebiotics
    Proteins, Peptides, Amino Acids
    Sweeteners
    Vitamins

    Kyowa Hakko Launches Heat-Treated Probiotic Strain for Eye Health

    CGA-7 Green Coffee Extract by Vidya Herbs Achieves Self-Affirmed GRAS Status

    Nutritional Complex Evidenced to Reduce Preterm Birth

    Meta-analysis Determines HMB Supplementation Promotes Healthy Muscle Mass in Older Adults

    AHPA’s 9th Botanical Congress to Take Place May 24
    Consumer Trends
    Contract Manufacturing
    Cosmeceuticals / Nutricosmetics
    Delivery & Dosage Technologies
    Dietary Supplements
    Flavors & Colors
    Functional Foods & Beverages
    Healthcare Trends
    Medical Nutrition
    Mergers & Acquisitions
    Natural/Organic
    Nutrition Bars
    Packaging
    Pet Nutraceuticals
    Quality & Safety
    Regulations
    Research
    Testing
    World Markets

    Kyowa Hakko Launches Heat-Treated Probiotic Strain for Eye Health

    CGA-7 Green Coffee Extract by Vidya Herbs Achieves Self-Affirmed GRAS Status

    Nutritional Complex Evidenced to Reduce Preterm Birth

    Meta-analysis Determines HMB Supplementation Promotes Healthy Muscle Mass in Older Adults

    AHPA’s 9th Botanical Congress to Take Place May 24
    Bone & Joint Health
    Cancer Risk
    Cardiovascular Health
    Cognitive Function
    Diabetes & Blood Sugar Management
    Digestive Health
    Energy
    Eye Health
    Healthy Aging
    Immune Function
    Infant & Children's Health
    Inflammation
    Men's Health
    Mood Health & Sleep
    Oral Health
    Sexual & Reproductive Health
    Skin Health
    Sports Nutrition
    Weight Management/Weight Loss
    Women's Health

    Kyowa Hakko Launches Heat-Treated Probiotic Strain for Eye Health

    CGA-7 Green Coffee Extract by Vidya Herbs Achieves Self-Affirmed GRAS Status

    Nutritional Complex Evidenced to Reduce Preterm Birth

    Meta-analysis Determines HMB Supplementation Promotes Healthy Muscle Mass in Older Adults

    First Day Life Shuts Down Children's Behavioral, Cognitive Health Claims Following Challenge
    Industry Events
    Live From Show Events
    Webinars
    All Companies
    Categories
    Trade Associations
    Company Capabilities
    International Buyers Guide Companies
    Vesta Nutra

    Verdure Sciences

    Aiya America (Matcha by Aiya)

    Xsto Solutions

    AIDP
    Companies
    Product Releases
    News Releases
    Literature / Brochures
    White Papers
    Jobs
    VIdeos
    Services
    Add New Company
    International Buyers Guide Companies
    Verdure Sciences

    Sabinsa Corporation

    AIDP

    Indena USA, Inc.

    Gencor
    • Magazine
      • Current / Back Issue
      • Features
      • Editorial
      • Columns
      • Digital Edition
      • eNewsletter Archive
      • Editorial Guidelines
      • Subscribe Now
      • Advertise Now
    • Breaking News
    • Buyers' Guide
      • All Companies
      • Categories
      • Trade Associations
      • Company Capabilities
    • Nutraceuticals
      • Antioxidants
      • Dairy-Based Ingredients
      • Enzymes
      • Fatty Acids
      • Fiber & Carbohydrates
      • Green Foods
      • Herbs & Botanicals
      • Marine Nutraceuticals
      • Minerals
      • Omega 3s
      • Probiotics & Prebiotics
      • Proteins, Peptides, Amino Acids
      • Sweeteners
      • Vitamins
    • Markets
      • Consumer Trends
      • Contract Manufacturing
      • Cosmeceuticals / Nutricosmetics
      • Delivery & Dosage Technologies
      • Dietary Supplements
      • Flavors & Colors
      • Functional Foods & Beverages
      • Healthcare Trends
      • Medical Nutrition
      • Mergers & Acquisitions
      • Natural/Organic
      • Nutrition Bars
      • Packaging
      • Pet Nutraceuticals
      • Quality & Safety
      • Regulations
      • Research
      • Testing
      • World Markets
    • Health
      • Bone & Joint Health
      • Cancer Risk
      • Cardiovascular Health
      • Cognitive Function
      • Diabetes & Blood Sugar Management
      • Digestive Health
      • Energy
      • Eye Health
      • Healthy Aging
      • Immune Function
      • Infant & Children's Health
      • Inflammation
      • Men's Health
      • Mood Health & Sleep
      • Oral Health
      • Sexual & Reproductive Health
      • Skin Health
      • Sports Nutrition
      • Weight Management/Weight Loss
      • Women's Health
    • Online Exclusives
    • Webinars
    • Slideshows
    • Blogs & Guest Articles
    • Health E-Insights
    • Videos
    • Podcasts
    • eBook
    • Infographics
    • Whitepapers
    • Research
      • TrendSense
      • Monograph Center
      • White Papers
      • Research News
    • Jobs
    • Events
      • Industry Events
      • Live From Show Events
      • Webinars
    • Supplier Showcases
      • Companies
      • Product Releases
      • News Releases
      • Literature / Brochures
      • White Papers
      • Jobs
      • VIdeos
      • Services
    • About Us
      • About Us
      • Contact Us
      • Advertise With Us
      • Privacy Policy
      • Terms of Use
    Columns

    Press Statements & Implied Claims

    News releases on unpublished studies may be considered advertising and could be subject to FTC oversight.

    Related CONTENT
    • Getting Ahead of the Curve: COVID Refocuses Attention on Heart Health
    • Understanding FTC Standards for Claims Substantiation
    • NAD Refers Advertising for BodyArmor Sports Drinks to FTC
    • Political Disruption Presents Opportunity for Industry
    • Dietary Supplement Insurance: Trends & Tips for 2017
    Douglas Kalman, PhD, MS, RD, CCRC, FACN, Miami Research Associates05.01.13
    Press releases are designed to announce something ostensibly newsworthy to the media, and by extension, the general public. However, is there value to issuing a press release about results of a study that hasn’t been published in a peer-reviewed journal? Further, can a press release be viewed as a form of advertising under the implied claim clauses within the Federal Trade Commission’s purview?

    As a means to generate awareness and buzz about something you deem noteworthy, online press releases may offer greater impact in this day and age of social media. According to Wikipedia, “Typically, the aim is to attract favorable media attention to the PR professional’s client and/or provide publicity for products or events marketed by those clients. A press release provides reporters with an information subsidy containing the basics needed to develop a news story. Press releases can announce a range of news items, such as scheduled events, personal promotions, awards, new products and services, sales and other financial data, accomplishments, etc. They are often used in generating a feature story or are sent for the purpose of announcing news conferences, upcoming events or a change in corporation.”

    In general, the press release is supposed to read more like news than a sales pitch. PR Web (www.prweb.com) stated that, “A press release is really just another term for (hopefully intriguing) content, and as a small business communicator, it’s your job to make every word count.” According to PR Web and its marketing gurus, writers should focus on clean, concise writing that provides clarity and is easy to read; headlines and subjects matter. Ultimately, the content may drive how the information is perceived and disseminated.

    Sometimes companies will write brief “articles” and “press” them so that the news-like piece drives awareness. Scientific organizations may issue press releases with the purpose of sharing potentially useful health information while also generating awareness about the organization.

    Using the premise that the purpose of a press release is to drive awareness, is it fair to say the press release can be used as a tool for advertising? In my view, the press release is basically an advertisement for sharing information with the goal of getting others to discuss or share that information. So the press release should be viewed as an advertising and marketing tool.

    When a company releases alleged results of a study on a finished nutritional product, but the actual study is not in-press, published or available for the public to read and review, then this type of press release is most certainly a form of advertising. Why discuss or mention results of a study on your product but not invite the public to read the actual study results, or have the researchers submit the study to a conference for presentation or a journal for full-length publication? Again, this form of press release might be best viewed as a marketing tool that uses smoke and mirrors.

    Think of how many press releases you have read online or have come across on the newswire or through e-mail either from a valid media outlet or directly from a company. Have you ever read one and thought, “how come there is no mention of where this study is actually published? How come there is no link to the actual study? Wow, this read like an advertisement.”

    FTC Guidelines to Consider
    Following the notion that press releases can be a form of advertising, it might be worth being familiar with the Federal Trade Commission’s guidelines on implied claims and endorsements. For example, a statement made by any individual who may be viewed as an expert or giving a direct quote on the topic at hand (for example, a product study) might be construed as a de facto endorsement.

    The FTC shares the following regarding endorsers and endorsements: “An endorsement means any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying personal characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser. The party whose opinions, beliefs, findings, or experience the message appears to reflect will be called the endorser and may be an individual, group, or institution.” Therefore, in my opinion, a quote in a press release—even on a product study—could be viewed as an endorsement. Scientists should use caution.

    The FTC also shares this definition regarding an “implied claim,” and offers an example: “An implied claim is one made indirectly or by inference. ‘ABC Mouthwash kills the germs that cause colds’ contains an implied claim that the product will prevent colds.”

    If a dietary supplement company issues a press release that discusses claims beyond what the Dietary Supplement Health and Education Act (DSHEA) and subsequent laws allow, then the whole press release might be viewed as an implied claim.

    Remember, by law, dietary supplements cannot be marketed for the treatment or prevention of diseases or medical conditions. A press release that discusses a not-yet or never-to-be published study may not exempt the company from implied claims, especially if the company or someone affiliated with the company is the one that issues the release.

    When considering discussing study results in a press release it might be best to allow the study to be published first, or at least in the queue of a journal for publishing. This way the release doesn’t look like just another puffery piece or advertising vehicle.     
    Douglas Kalman, PhD, MS, RD, FACN, is director of clinical nutrition at Miami Research Associates (MRA), Miami, FL, in the Nutrition and Endocrinology Division. MRA is a clinical service organization involved for over 10 years in phase II through post market trials for the pharmaceutical and nutraceutical industries. Mr. Kalman is also an active member of the American College of Sports Medicine, American College of Nutrition, the American Dietetic Association, the National Strength and Conditioning Association and the Association of Clinical Research Professionals. He is also the executive vice president and treasurer of the International Society of Sports Nutrition (ISSN). He can be reached at 305-666-2368; Fax: 305-669-8966; E-mail: dkalman@miamiresearch.com; Website: www.miamiresearch.com.
    Related Searches
    • DSHEA
    • Dietary Supplement
    • Health
    • Nutritional
    Related Knowledge Center
    • Testing
    • Regulations
    • Sports Nutrition
    Suggested For You
    Getting Ahead of the Curve: COVID Refocuses Attention on Heart Health Getting Ahead of the Curve: COVID Refocuses Attention on Heart Health
    Understanding FTC Standards for Claims Substantiation Understanding FTC Standards for Claims Substantiation
    NAD Refers Advertising for BodyArmor Sports Drinks to FTC NAD Refers Advertising for BodyArmor Sports Drinks to FTC
    Political Disruption Presents  Opportunity for Industry Political Disruption Presents Opportunity for Industry
    Dietary Supplement Insurance: Trends & Tips for 2017 Dietary Supplement Insurance: Trends & Tips for 2017
    Research Finds Nitrosigine May Boost Cognitive Performance in Active Adults Research Finds Nitrosigine May Boost Cognitive Performance in Active Adults
    Prevagen Marketers Charged With Making False Claims Prevagen Marketers Charged With Making False Claims
    Free Speech & Marketing Free Speech & Marketing
    ISSN Issues Position on Energy Drinks ISSN Issues Position on Energy Drinks
    Research Process: Science vs. Marketing: Which Comes First? Research Process: Science vs. Marketing: Which Comes First?
    ISSN Issues Position on Energy Drinks ISSN Issues Position on Energy Drinks
    The Research Process: The Case of the Negative Research Study The Research Process: The Case of the Negative Research Study
    The Research Process: Building A Research Platform The Research Process: Building A Research Platform
    The Research Process: Selling Research Services: Buyer Beware The Research Process: Selling Research Services: Buyer Beware
    American Dietetic Association Becomes Academy of Nutrition And Dietetics American Dietetic Association Becomes Academy of Nutrition And Dietetics

    Related Columns

    • Dietary Supplements | Healthcare Trends | Medical Nutrition | Regulations
      Medically Necessary Foods: Pricing & Reimbursement Considerations

      Medically Necessary Foods: Pricing & Reimbursement Considerations

      Navigating the large and growing medical foods market requires understanding key dynamics.
      By Gregory Stephens, Windrose Partners 04.08.21

    • Dietary Supplements | Regulations
      Dual Tracking of New Ingredients as Dietary Supplements and Drugs

      Dual Tracking of New Ingredients as Dietary Supplements and Drugs

      It’s possible to develop novel ingredients for both the dietary supplement and drug markets, but timing is important and there are gray areas.
      By Todd Harrison, Venable 04.08.21

    • Dietary Supplements | Probiotics & Prebiotics | Regulations | World Markets
      Probiotics & Prebiotics: The EU Ban is Shaking

      Probiotics & Prebiotics: The EU Ban is Shaking

      Some countries have not accepted the European Commission’s limitations on the term ‘probiotic’ and have implemented their own interpretations.
      By Joerg Gruenwald, analyze & realize ag 04.08.21


    • Herbs & Botanicals | Research
      Botanical Research: Medicinal Mushrooms, Bacopa & the Brain, Green Tea & Depression

      Botanical Research: Medicinal Mushrooms, Bacopa & the Brain, Green Tea & Depression

      AHPA compiles recent research on botanicals and plant compounds published in peer-reviewed journals.
      By Holly Johnson, PhD, American Herbal Products Association (AHPA) 04.08.21

    • Dietary Supplements | Healthcare Trends | Immune Function | Medical Nutrition | Vitamins
      Biden COVID Response Plan Overlooks Nutrition

      Biden COVID Response Plan Overlooks Nutrition

      Our field has a unique opportunity to demonstrate the merits of our products, and the principles and philosophies behind them.
      By Erik Goldman, Holistic Primary Care 03.03.21

    • Consumer Trends | Dietary Supplements | Herbs & Botanicals | Quality & Safety
      Open Book Extracts: Innovating for Tomorrow’s Market

      Open Book Extracts: Innovating for Tomorrow’s Market

      Dave Neundorfer has a clear vision to deliver pure and consistent cannabinoids for a range of product types.
      By Sheldon Baker 03.03.21


    • Consumer Trends | Dietary Supplements | Herbs & Botanicals | Regulations
      The Evolution of Insurance for Hemp & CBD

      The Evolution of Insurance for Hemp & CBD

      Delta-8-THC is the latest wrinkle in the hemp-derived products market.
      By Chris Morey, Bolton & Company 03.03.21

    • Dietary Supplements | Healthcare Trends | Medical Nutrition | Regulations
      The Off-Label On Ramp

      The Off-Label On Ramp

      With an expanding base of clinical research supporting nutritional interventions, off label use of dietary supplements and medical foods is likely to grow.
      By Gregory Stephens, Windrose Partners, and Sheila Campbell, PhD, RD 01.19.21

    • Dietary Supplements | Healthcare Trends | Immune Function | Regulations
      ‘Follow the Science’ Often Misses the Mark with Nutrition

      ‘Follow the Science’ Often Misses the Mark with Nutrition

      The mantra too often ignores common sense approaches to improving health and quality of life.
      By Todd Harrison, Venable 01.19.21


    • Dietary Supplements | Herbs & Botanicals | Regulations | World Markets
      CBD in Europe: News from the Front

      CBD in Europe: News from the Front

      A recent decision by the Court of Justice of the European Union has restored CBD’s status, and with it, the prospects of the entire industry.
      By Joerg Gruenwald, analyze & realize ag 01.19.21

    • Cardiovascular Health | Herbs & Botanicals | Immune Function | Research | Weight Management/Weight Loss
      Botanical Research: Botanicals & Immunity, Kava Challenges, Turmeric Therapeutics and More

      Botanical Research: Botanicals & Immunity, Kava Challenges, Turmeric Therapeutics and More

      AHPA compiles recent research on botanicals and plant compounds published in peer-reviewed journals.
      By Holly Johnson, PhD, American Herbal Products Association (AHPA) 01.19.21

    • Delivery & Dosage Technologies | Dietary Supplements | Herbs & Botanicals | Quality & Safety
      The Advantages of Organic, Broad Spectrum Hemp

      The Advantages of Organic, Broad Spectrum Hemp

      Mike Hennesy, Wana Brands, discusses the company’s new gummies, innovation, and continuing market evolution.
      By Sheldon Baker 12.04.20


    • Dietary Supplements | Regulations
      Insurance Rates Have Been at an All-Time Low, But a Hard Market is Coming

      Insurance Rates Have Been at an All-Time Low, But a Hard Market is Coming

      Companies can be prepared by being thorough and transparent while going through insurance policy renewals.
      By Chris Morey, Bolton & Company 12.04.20

    • Dietary Supplements | Regulations
      A Business Perspective on Protecting Confidential Information: The NDA

      A Business Perspective on Protecting Confidential Information: The NDA

      Along with taking precautions in providing access to confidential information, a non-disclosure agreement can be a great way to protect your business.
      By Gregory Stephens, Windrose Partners 11.09.20

    • Dietary Supplements | Healthcare Trends | Immune Function | Regulations | Research | Vitamins
      Using All the Tools to Improve Public Health

      Using All the Tools to Improve Public Health

      Industry needs to make a stand in compelling authorities to communicate the value of nutrition and dietary supplementation.
      By Todd Harrison, Venable 11.09.20

    Trending
    • NSF/Harvard Study Finds Deterenol, Other Stimulants In Sports & Weight Loss Supplements
    • Several Studies Evaluate Role Of Vitamin D In COVID-19 Outcomes
    • Study Investigates Probiotics Impact On COVID-19 Remission Rates
    • Focus, Endurance, Resilience: The Esports Community Is Seeking Out Supplements
    • New Study Confirms Vegan Vitamin D3 Ingredient Is Bioavailable
    Breaking News
    • Kyowa Hakko Launches Heat-Treated Probiotic Strain for Eye Health
    • CGA-7 Green Coffee Extract by Vidya Herbs Achieves Self-Affirmed GRAS Status
    • Nutritional Complex Evidenced to Reduce Preterm Birth
    • Meta-analysis Determines HMB Supplementation Promotes Healthy Muscle Mass in Older Adults
    • AHPA’s 9th Botanical Congress to Take Place May 24
    View Breaking News >
    CURRENT ISSUE

    April 2021

    • Optimizing Gut Health: Unlocking the Gates to Well-Being
    • Sweeteners Market Continues to Broaden with Cleaner Labels and Better Formulations
    • Green Business Network Seeks Comment on New Certification for Hemp-CBD Businesses
    • Delivering Dietary Supplements that Exceed Consumer Expectations
    • Delivering Better Gut Health Supplements
    • View More >

    Cookies help us to provide you with an excellent service. By using our website, you declare yourself in agreement with our use of cookies.
    You can obtain detailed information about the use of cookies on our website by clicking on "More information”.

    • About Us
    • Privacy Policy
    • Terms And Conditions
    • Contact Us

    follow us

    Subscribe
    Nutraceuticals World

    Latest Breaking News From Nutraceuticals World

    Kyowa Hakko Launches Heat-Treated Probiotic Strain for Eye Health
    CGA-7 Green Coffee Extract by Vidya Herbs Achieves Self-Affirmed GRAS Status
    Nutritional Complex Evidenced to Reduce Preterm Birth
    Coatings World

    Latest Breaking News From Coatings World

    Chromaflo Technologies to Sponsor and Exhibit at the North American Pultrusion Conference 2021
    Barentz Expands Canadian CASE Team
    Shepherd Color Company Opens Sales Office in China
    Medical Product Outsourcing

    Latest Breaking News From Medical Product Outsourcing

    CMS Establishes New Payment for Pelvalon’s Eclipse System
    Varian, Google Cloud Partner to Bring Convenience to Cancer Therapy
    Resonetics Leases New Manufacturing Space in Costa Rica
    Contract Pharma

    Latest Breaking News From Contract Pharma

    Frontage Expands Capabilities at its Clinical Site in Secaucus, NJ
    Ascendia Pharmaceuticals Poised for Expansion
    Bora Pharmaceuticals Adds Roller Compaction Capabilities
    Beauty Packaging

    Latest Breaking News From Beauty Packaging

    Revlon Unveils New Fragrances Featuring Megan Thee Stallion & Sofia Carson
    Henkel Management Board Welcomes Wolfgang König
    Mielle Organics Gets a Major Investment
    Happi

    Latest Breaking News From Happi

    Nature’s Beauty Debuts Vegan Natural Body Care at Walgreens
    Estée Lauder Expands Beautiful Fragrance Collection
    The Honest Company Files for IPO
    Ink World

    Latest Breaking News From Ink World

    SE-DA Invests in Kornit Presto S
    Kumon North America Adds Speedmaster XL 106 from Heidelberg
    Iron Oxide Pigments Market to Register 4.7% CAGR from 2021 to 2028: GVR
    Label & Narrow Web

    Latest Breaking News From Label & Narrow Web

    Dantex elevates Joseph Sanchez to digital business development manager
    Mactac's Kevin Clunie joins TLMI panel
    MacDermid announces two new global sales roles
    Nonwovens Industry

    Latest Breaking News From Nonwovens Industry

    Precision Textiles Offers Biodegradable Medical Fabric
    Northshore Launches Megamax Briefs in New Colors
    Essity Acquires Distribution Rights to Sorbact in Australia and New Zealand
    Orthopedic Design & Technology

    Latest Breaking News From Orthopedic Design & Technology

    New Biosealant Could Stabilize Cartilage, Boost Healing After Injury
    Google Executive Joins SeaSpine's Board of Directors
    HSS and LimaCorporate Open Provider-Based 3D Design and Printing Facility
    Printed Electronics Now

    Latest Breaking News From Printed Electronics Now

    Tive Multi-sensor Tracker Solo 5G Relies on Sensirion SHT33
    VTT in 2020: Successful Year Despite Globally Challenging Times
    Lux Research: 3D Printing Market to Reach $51 Billion in 2030

    Copyright © 2021 Rodman Media. All rights reserved. Use of this constitutes acceptance of our privacy policy The material on this site may not be reproduced, distributed, transmitted, or otherwise used, except with the prior written permission of Rodman Media.

    AD BLOCKER DETECTED

    Our website is made possible by displaying online advertisements to our visitors.
    Please consider supporting us by disabling your ad blocker.


    FREE SUBSCRIPTION Already a subscriber? Login