Episode 6: FTC + FDA Regulatory Overlap: Supplements, Cosmetics, and Drugs

Episode 6: FTC + FDA Regulatory Overlap: Supplements, Cosmetics, and Drugs

In Episode 6, the team dives into how the FTC and FDA work together to regulate beauty, wellness, and dietary supplement products, especially when claims cross the line into disease‑treatment territory. While the FTC focuses on truth in advertising, the FDA focuses on product safety, efficacy, and labeling, and together they determine how a product is classified: cosmetic, drug, or dietary supplement. The hosts explain the decades‑old memorandum of understanding between the agencies, how intended use determines a product’s regulatory category, and why supplements are treated very differently from prescription drugs. They also explore how influencers and celebrities complicate these rules, especially when visually‑implied claims or omissions mislead consumers. Real case studies help illustrate how even a single social media post can trigger regulatory action. Disclaimer: The content of this podcast is for informational purposes only. It is not intended to, and does not constitute, legal advice or a solicitation for the formation of an attorney-client relationship. The information in the podcast is not a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction. Podcast listeners should not act upon any information in the podcast without first consulting legal counsel of their own directly.  This podcast does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice. The use of information on this podcast or materials mentioned in this podcast is at the user’s own risk.

Episode 5: Influencers, Endorsements & the FTC: What You Must Disclose

In Episode 5, the team shifts from what companies claim to how those claims are advertised, diving into the FTC’s endorsement and testimonial rules. They break down how influencer marketing, gifted products, paid partnerships, employee reviews, and even free trips trigger disclosure obligations, and why the FTC views transparency as essential to preventing deception. The hosts explain the FTC’s updated 2023 Endorsement Guides, which outline how brands and influencers must disclose “material connections,” including payment, free products, travel, or any benefit that might influence a review. They also walk through real enforcement actions against brands like Sunday Riley, Fashion Nova, and Teami to illustrate how the FTC polices both deceptive claims and deceptive advertising practices. Disclaimer: The content of this podcast is for informational purposes only. It is not intended to, and does not constitute, legal advice or a solicitation for the formation of an attorney-client relationship. The information in the podcast is not a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction. Podcast listeners should not act upon any information in the podcast without first consulting legal counsel of their own directly.  This podcast does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice. The use of information on this podcast or materials mentioned in this podcast is at the user’s own risk.

Episode 4: What Counts as a Claim? How the FTC Evaluates Beauty, Wellness & Supplement Marketing

In Episode 4, the team breaks down a foundational concept in FTC oversight: what actually counts as a “claim.” They explain how both express statements (like “clinically proven”) and implied messages (like before‑and‑after photos or carefully crafted visuals) can create claims that must be backed by real evidence. The hosts walk through the FTC’s substantiation standard, what kind of scientific proof the agency expects for cosmetic, supplement, and wellness products, and why phrases like “boosts gene activity,” “clinically proven,” or “reduces plaque by 30%” often get companies in trouble. To illustrate this, they dive into several of the FTC’s most notable deceptive‑advertising cases, showing how major brands oversold results, targeted vulnerable consumers, and relied on tiny or flawed studies. Disclaimer: The content of this podcast is for informational purposes only. It is not intended to, and does not constitute, legal advice or a solicitation for the formation of an attorney-client relationship. The information in the podcast is not a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction. Podcast listeners should not act upon any information in the podcast without first consulting legal counsel of their own directly.  This podcast does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice. The use of information on this podcast or materials mentioned in this podcast is at the user’s own risk.

Episode 3: The FTC Steps In: Health Apps, Misleading Claims & the Power of Section 5

In this episode, our hosts focus on the Federal Trade Commission (“FTC”), breaking down how and why the FTC began aggressively policing health‑related companies, especially those not covered by HIPAA. This episode covers the first‑ever enforcement of the Health Breach Notification Rule, what triggered it, and how misleading privacy claims, hidden data‑sharing practices, and post‑Dobbs concerns pushed the FTC to act. The team walk through major cases, including GoodRx, Flo Health, and BetterHelp, to show how companies collected or sold sensitive health information while making promises of privacy they didn’t keep. They also explain how Section 5 (unfairness + deception) continues to be the FTC’s most powerful tool, and what all of this means for beauty, wellness, and digital health brands operating outside traditional healthcare regulation. Disclaimer: The content of this podcast is for informational purposes only. It is not intended to, and does not constitute, legal advice or a solicitation for the formation of an attorney-client relationship. The information in the podcast is not a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction. Podcast listeners should not act upon any information in the podcast without first consulting legal counsel of their own directly.  This podcast does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice. The use of information on this podcast or materials mentioned in this podcast is at the user’s own risk.

Episode 2: HIPAA, Health Data & Who Actually Has to Follow the Rules

In this episode, our hosts outline what HIPAA really covers, and why so many beauty and wellness businesses aren’t actually regulated by it. The team explains the difference between medical vs. health information, who counts as a “covered entity,” and why cash‑pay practices like most med spas fall outside HIPAA’s scope. We also touch on how smartphones and digital health apps created a huge gap in data protection, leading the FTC to roll out its own Health Breach Notification Rule back in 2009, a rule that sat dormant for years until the FTC suddenly started using it in 2022–2023. This episode lays the groundwork for understanding why wellness brands, med spas, and consumer apps are now firmly on regulators’ radar. Disclaimer: The content of this podcast is for informational purposes only. It is not intended to, and does not constitute, legal advice or a solicitation for the formation of an attorney-client relationship. The information in the podcast is not a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction. Podcast listeners should not act upon any information in the podcast without first consulting legal counsel of their own directly.  This podcast does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice. The use of information on this podcast or materials mentioned in this podcast is at the user’s own risk.