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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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Sorry I forgot to get back to you ... So to reiterate if I

Customer Question

Hi - sorry I forgot to get back to you ...So to reiterate if I can journal reference an article about an ingredient I am NOT using since there is no association and therefore endorsement .... in a similar vein can I talk about a broad topic like "Sleep" and "Obesity" and reference medical journals stating insomnia can lead to depression, infertility and affect longevity ... since I am NOT mentioning any supplement ingredient in my Sleep Formulation?Jarrows website posts medical referenced articles on ingredients that ARE in their formulations but they were smart to put an interim page that had a disclaimer stating informative only not medical advice etc before you could access the article.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 6 months ago.

You can talk about whatever you chose, as long as you do not connect the health care effects of the subject to your products. That is:

1. [permitted] Manufacturer makes product A; Product A contains substance B; substance B has been shown to reduce cholesterol in a double-blind clinical study: [citation to study]; Manufacturer disclaims any and all health-related claims concerning product A and substance B.

2. [illegal] Manufacturer makes product A; Product A contains substance B; substance B has been shown to reduce cholesterol in a double-blind clinical study: [citation to study]; Manufacturer claims that product A reduces cholesterol.

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