December 1, 2009
In an article titled, “Careful Crafting Can Help Multi-Ingredient Supplement Claims Fly,” The Tan Sheet quoted partner John Villafranco. The article discusses the notion that firms can construct successful individual ingredient claims for multi-ingredient supplements if the claim is adequately qualified. Mr. Villafranco sheds light on the multi-ingredient supplement debate, stating that it is ideal “to have a well-designed clinical trial on your actual product.” Although, he acknowledges that this is not always possible for every product intended to market.
Mr. Villafranco raises the question, “Does ingredient testing, rather than full product testing, constitute adequate and competent and reliable scientific data for combination products?” There is confusion with the answer, but Mr. Villafranco contends “the law allows and protects claims based on key ingredient testing.”
Marketers cannot extend ingredient claims to apply to the overall product, but they can use ingredient claims as long as they “properly qualify the claims so that the consumer understands that it is the key ingredient in your product that has been shown through credible testing to provide a certain result.” As a preventative measure for product marketers, Mr. Villafranco suggests that firms must conduct a “comprehensive review on all product ingredients.”