Food brands communicate messages about ingredients, sourcing, benefits, and processes - but must also navigate the marketing guardrails enforced by the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) through cooperative efforts combating misleading messaging. This article outlines realistic steps for crafting compliant labeling, advertising and influencer collaborations.
Distinct Agencies, Shared Goals
While FDA governs the content of food labels and labeling, FTC oversees truthfulness in advertisements and endorsements. But the line between these types of materials has become increasingly blurred and arguably less relevant. For example, digital marketing includes both websites, typically considered FDA-regulated labeling, and social media spots, which are generally considered FTC-regulated advertising. In either case, the content is often similar—and both FDA and FTC have a similar interest in making sure that it doesn’t deceive consumers.
FDA and FTC also coordinate on enforcement when misleading claims raise public health flags. For example, the agencies issued a flurry of warning letters to firms they’d observed making unsubstantiated and unauthorized COVID-19 treatment or protection promises for their products. By jointly calling out impermissible disease claims and related marketing, FDA and FTC send strong signals around guarding consumers while prioritizing legitimate science communication.
Practical Steps for Marketing Compliance
Assemble a Compliance Review Team
The heart of defensible marketing campaigns is a rigorous regulatory process that confirms messaging adheres to FDA requirements while also meeting FTC guidance on substantiation and non-deceptive communication. Evaluating potential consumer impressions requires an omnichannel approach, spanning packaging, websites, social content and any outlet communicating claims, and assessing the likely regulatory risk level of any proposed messaging.
Prioritize Rigorous Claim Substantiation
While intriguing ingredients and lofty visions can differentiate and elevate brands, overstated or vague benefit statements without solid scientific backing can trigger both consumer skepticism and regulatory scrutiny. Your compliance review team and regulatory partners can take the lead in aligning your desired messaging with the available scientific evidence. This can include conducting robust reviews of relevant scientific literature or commissioning specific lab studies or even randomized trials if needed.
Proactively Self-Audit Claims
Routinely conduct internal assessments to confirm that all brand assets—including labels, print materials and digital materials, and influencer and endorsement content—communicate appropriate, clear, and substantiated messages. Similarly, re-examine product compositions and functionality claims whenever expanding distribution or tweaking formulas. And make the most of external regulatory partners who can identify likely regulatory flags and stratify potential issues by risk level.
In a multi-layered regulatory environment, even subtle language adjustments can trigger unintended scrutiny. But compliance doesn’t have to be complicated—reliably delighting your consumers starts with systematic messaging review and accountability.
