Science Marketing for FTC Compliance and Sales Growth

The FTC demands quality science to support health claims, and so do consumers. Communicating that science builds trust so your brand can grow like a woodchuck in a field of fresh clover.

A little background…

In 2022, the FTC updated its industry guidance. It raised the bar for what counts as scientific support for health claims.

In 2023, the FTC enforced $330 million in refunds to US consumers who bought non-compliant health products. You don’t want to be the next statistic, but getting the science right isn’t just about pleasing the government.

Wellness consumers also want quality science. It’s their #1 buying factor, per McKinsey data. And understanding and conveying this science requires expertise.

This guide will cover:

The latest FTC guidance and crackdowns on wellness brands
If AI can help you stay compliant
Should you hire a lawyer?
The difference between FTC and FDA regulation
What you need to stay FTC compliant and build trust with savvy consumers
And more

Let’s dig in.

Latest FTC Guidance

The FTC demands strong science to support health claims.

Recent 2022 guidance says that advertisements for health products must be 1) truthful and 2) backed by quality science (if making health claims).

What changed vs. the old guidance? A few things, but a big one was the gold-standard type of science required to support health claims and avoid penalties:

“As a general matter, substantiation of health-related benefits will need to be in the form of randomized, controlled human clinical testing to meet the competent and reliable scientific standard.”

The FTC:

Reviews sample size, duration, statistical methods, and other study details
Wants brands to include conflicting studies to balance claims
Doesn’t want to see animal or test tube studies
Isn’t satisfied by expert testimonials, which count as health claims

Bottom line? To ensure your claims are acceptable, you need experts who can understand and communicate scientific research per the guidelines. Let’s talk about FTC crackdowns now.

FTC Crackdowns on Health Brands

The FTC penalizes non-compliant brands with steep fines and bans on future sales.

In 2023, FTC enforcement led to $330 million in refunds to US consumers who bought non-compliant health products.

Recent examples:

Over $1.1 million in refunds for three longevity and pain supplements
$536,000 in refunds of Sobrenix, a supplement claiming to reduce alcohol consumption
Millions in refunds for false weight loss claims from Kevin Trudeau
Two companies banned from selling supplements marketed to treat heart disease
A warning letter to 10 companies marketing their supplements for diabetes
Late 2024 crackdown on Prevagen, a memory loss supplement

These are just a few cases. The FTC nails hundreds of companies yearly.

If you don’t want to get nailed, market your product with the right science explained the right way.

Next up: FAQs.

FTC Compliance FAQs

You may have lingering questions about staying compliant. Let’s cover the big ones.

Who needs to watch out?

Anyone involved in marketing or promoting a health product. That includes retailers and resellers.

Do you need a lawyer?

That depends on your situation and budget, but not necessarily. Why not? Recall what you need for FTC compliance:

Truthful health claims supported by gold-standard science.

Interpreting science is the crucial skill. Most lawyers can’t help you there.

Science aside, lawyers aren’t trained to convey ideas clearly and persuasively. Lawyer-speak won’t sell products.

That last point is that you don’t need a law degree to understand the new FTC guidance. It’s ~30 pages of plain English. Again, the key skill is getting the science right.

And so, spending big on a lawyer to FTC-proof your content may not be the best use of your budget.

Can AI help you stay FTC compliant?

Don’t trust folks pitching AI as a compliance solution. In fact, the FTC is cracking down on deceptive AI claims like that.

AI can help with research and idea generation, but ensuring that science meets FTC guidelines and resonates with savvy consumers requires expert human judgment (learn why).

What’s the difference between FDA and FTC regulations?

The FDA generally doesn’t enforce fines or civil penalties. Rather, it checks if a brand’s claims fall into the correct product category. The FTC is more like a watchdog that cracks down on dishonest or unsupported claims. Here’s a legal article on the topic.

Isn’t FTC enforcement decreasing?

Unclear, but signs point to no. The FTC has been more aggressive in enforcing some policies since the new administration. Don’t expect any breaks.

Next Steps

Effective marketing of quality science keeps the FTC happy and drives consumers to buy wellness products.

Unfortunately, most writers and strategists can’t:

Go deep with science to ensure FTC compliance and connect with savvy consumers
Write clearly and persuasively to market your benefits
Hit points 1 & 2 in your brand’s unique tone

We aren’t like most. I’m a published health author supported by a team of professional science writers. We’re wellness specialists with the expertise you need to get results, whether you need a content review, cleanup, or fresh content push.

Client successes:

LMNT grew 5x and tripled traffic every year en route to a $200m valuation
IQBAR 255% organic traffic boost and from 7 to 8 figure sales after two years and 157 blogs (learn more).
Splenda Naturals, HUM Nutrition, For Wellness, Levels, Good Idea, and many others have trusted us to supercharge their content marketing.
No client has had FTC issues from our content.