Nutraceutical & Skincare Compliance
Regulatory Scrutiny? We Can Help.
If you market nutraceuticals or skincare products, TFM Law helps you navigate regulatory compliance, substantiate advertising claims, and defend against false advertising and deceptive trade practice allegations.
Review Your Marketing & Billing Practices
Nutraceutical and skincare companies face significant scrutiny from the FTC and state regulators. Marketing claims and testimonials are often treated as “health and safety” or establishment claims—requiring competent and reliable scientific evidence, even if clinical proof is not expressly stated.
Anecdotal evidence, testimonials, sales data, or money-back guarantees are not sufficient substantiation. Without proper support, businesses risk enforcement actions, civil penalties, restitution, and reputational damage.
We review advertising, free-to-pay conversions, refund policies, and continuity billing programs for compliance with the FTC Act, ROSCA, and California’s Automatic Renewal Law, helping you identify and correct risks before regulators do.
Protect Your Business Before It’s Too Late
TFM Law provides proactive compliance counseling and aggressive defense for nutraceutical and skincare marketers. We ensure claims are substantiated, billing practices are compliant, and your business is protected from false advertising and unfair practice allegations.
Don’t wait for an investigation—contact an experienced nutraceutical attorney early to safeguard your revenue and reputation.
Invest in an Attorney That Protects Your Brand
At TFM Law, our fees reflect the unmatched experience, knowledge, and proven success we bring to nutraceutical and skincare compliance matters. From getting off the MATCH List to false advertising claims and continuity billing disputes, our guidance minimizes regulatory risk, protects revenue, and safeguards your brand reputation.
While our services are an investment, clients choose us because proactive compliance and aggressive defense cost far less than enforcement actions, penalties, or restitution.
How We Protect Your Nutraceutical or Skincare Business
TFM Law follows a proven four-step process to reduce regulatory exposure and strengthen your compliance position:
Assess Marketing & Claims Substantiation
Review advertising, testimonials, and product claims to determine whether they meet FTC standards for competent and reliable scientific evidence.
Identify Compliance Gaps
Pinpoint weaknesses in disclosures, billing practices, free-trial offers, or continuity programs under the FTC Act, ROSCA, and state laws.
Correct & Strengthen Practices
Revise marketing language, disclosures, and internal procedures to reduce enforcement risk and improve defensibility.
Defend & Monitor
Provide aggressive representation in response to regulatory inquiries or investigations and ongoing compliance guidance to protect your business long-term.
You’ve got questions. We’ve got answers.
What does a nutraceutical attorney do?
A nutraceutical attorney advises supplement and skincare companies on regulatory compliance, advertising substantiation, billing practices, and defense against FTC or state enforcement actions. This includes reviewing marketing claims and ensuring compliance with federal and state consumer protection laws.
What are “health and safety” or establishment claims?
Health and safety claims—also called establishment claims—are marketing statements that suggest a product provides specific health benefits. The FTC requires these claims to be supported by competent and reliable scientific evidence, even if the advertisement does not explicitly reference clinical studies.
What qualifies as competent and reliable scientific evidence?
Competent and reliable scientific evidence includes controlled clinical studies, research, or analyses conducted by qualified professionals using accepted scientific methods. Anecdotal evidence, testimonials, news articles, or sales data are generally not sufficient.
Can customer testimonials support nutraceutical claims?
Customer testimonials cannot replace scientific substantiation. If a testimonial communicates a health claim, the advertiser must have adequate scientific evidence to support the same claim independently.
What laws regulate nutraceutical and skincare advertising?
Marketing is primarily regulated under the FTC Act, which prohibits unfair or deceptive practices. Additional laws such as the Restore Online Shoppers Confidence Act (ROSCA) and California’s Automatic Renewal Law apply to subscription billing and continuity programs.
What are common compliance mistakes in supplement marketing?
Common mistakes include:
- Making unsubstantiated health claims
- Implying clinical proof without adequate studies
- Failing to disclose material terms of free trials
- Using unclear continuity billing disclosures
- Misrepresenting refund or cancellation policies
What penalties can result from false advertising claims?
Regulatory violations may result in civil penalties, consumer restitution, injunctions, corrective advertising, and long-term monitoring requirements. In some cases, businesses may be required to refund substantial portions of revenue.
Do free trials and subscription offers require special compliance?
Yes. Free-to-pay conversions and recurring billing programs must clearly disclose terms, obtain affirmative consumer consent, and provide simple cancellation mechanisms under federal and state law.
How can TFM Law help nutraceutical and skincare companies?
TFM Law provides proactive compliance reviews of marketing and billing practices, drafts compliant disclosures, evaluates claim substantiation, and aggressively defends companies facing regulatory investigations or lawsuits.
When should I consult a nutraceutical compliance attorney?
You should consult an attorney before launching new marketing campaigns, introducing health-related claims, implementing subscription billing, or responding to regulatory inquiries. Early review significantly reduces legal and financial risk.
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