Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.
With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.
HOST 1
Welcome back to another episode Womble Perspectives, where we explore the intersection of law and business. Today we’re diving into a topic that’s reshaping the health and wellness industry. More specifically, how social media is influencing the way these products are marketed, and more importantly, how regulators are responding.
Social media has become the new storefront for everything from dietary supplements and CBD oils to herbal tinctures and homeopathic remedies. These products are often promoted as “natural,” “safe,” or “alternative,” and that language resonates with consumers looking for holistic options. But here’s the catch, many of these products make bold claims about treating or preventing health conditions. And those claims don’t always have the backing of the FDA.
HOST 2
Exactly. And that’s where things start to get complicated. The U.S. Food and Drug Administration has been paying close attention to this surge in digital promotion. When a product is marketed as a way to treat disease or affect the body’s structure or function, it enters the FDA’s regulatory territory. That applies even if the product is labeled as “natural” or “alternative.” The intended use and the claims made about it are what determine whether it needs oversight.
What’s surprising is how many marketers and influencers don’t realize this. They might think that because they’re selling online, without traditional packaging or disclaimers, they’re flying under the radar. But that’s not the case. As the FDA has made clear, if you’re making health claims, you’re subject to regulation, whether you’re selling through a website, an Instagram shop, or a TikTok video.
HOST 1
And the enforcement is ramping up. The FDA has been sending out warning letters to companies that use influencers or social media ads to promote products with unapproved health claims. These letters often cite specific posts or videos as evidence. It’s a sign that regulators are adapting to the digital age and using the same platforms to monitor compliance.
In parallel, the Federal Trade Commission is also stepping in. They’ve issued broad warnings to hundreds of companies about deceptive marketing practices. So we’re seeing a coordinated effort between agencies to clean up the online wellness space. So it’s a dual issue of both safety and truth in advertising.
HOST 2
That’s a great point. The line between entertainment and advertising has become incredibly blurry. Influencers might casually mention a product in a video, but if they’re making health claims, that’s advertising. And it needs to be truthful and backed by evidence. The FTC has been especially vocal about this, reminding companies that influencer marketing is subject to the same rules as traditional advertising.
And let’s not forget the consumer side of this. People trust influencers. They see them as relatable, authentic voices. So, when an influencer says a supplement helped with anxiety or improved sleep, that message carries weight. But if the product hasn’t been evaluated for safety or effectiveness, it could pose real risks.
HOST 1
Absolutely. And that’s why the FDA’s mission is so important. Their role is to protect public health by ensuring that products are safe, effective, and truthfully marketed. In the past, that meant regulating drug labels and TV commercials. Today, it means monitoring Instagram reels and YouTube sponsorships.
For marketers, influencers, and brands in the health and wellness space, the message is clear: compliance isn’t optional. You can’t hide behind hashtags or disclaimers in your bio. If you’re making claims about health benefits, you need to understand the regulatory landscape and make sure your messaging aligns with it.
HOST 2
It’s not just a legal issue, it’s an ethical one, too. Consumers deserve to know what they’re putting in their bodies. They deserve transparency. And while social media offers incredible reach and engagement, it also comes with responsibility.
So whether you’re a brand manager, a content creator, or just someone curious about the wellness products you see online, it’s worth paying attention to how these products are regulated. Because at the end of the day, it’s about trust—and trust starts with truth.
HOST 1
Well, that wraps up today’s episode of Womble Perspectives. If you found this episode useful, be sure to subscribe and share this episode.
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