Your Mood, Energy, and Sleep Claims Might Be Regulated

 A lot of brands start with harmless wellness promises like better mood, more energy, or improved sleep. As the business grows, though, marketing often becomes bolder, and that’s where risk creeps in. The FDA steps in when your claims imply treating or preventing a disease, which can flip your product into drug or device territory. The FTC expects every wellness claim to be truthful and supported by real evidence. In this episode, I explain how I review labels, websites, and social content, map each claim to the right regulatory bucket, and draft compliant alternatives that keep your marketing appealing without triggering expensive oversight. I also build claim checklists to help teams avoid drift in the future. Call, click, or email if you need support. 

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Episode Transcript

Darshan (00:00):
Is my product a wellness claim or does it fall
under FDA and FTC regulation?
So many companies start withgeneral wellness claims,
improving mood, energy, sleep,but they grow, and then
marketing gets bolder.
And that's that's where troublebegins.
The FDA classifies products asdrugs or devices for the most
part.
If they claim to treat, cure, orprevent a disease state, you're

(00:20):
likely to fall within one ofthose two categories.
The FTC requires all claims,wellness or otherwise, to be
truthful and backed by evidence.
Here's what I do.
I tend to look at the claims youhave.
I'm looking at it across labels,websites, social media, and then
mapping those claims against FDAor FTC categories.
Now, if a claim crosses intorisky territory, I draft

(00:42):
compliant alternatives, I workwith you to do this.
I'm not doing this on my own.
The goal is to keep yourmarketing appealing without
adding costly regulatoryburdens.
I also create claim checklists,if you may need them for your
marketing team, to avoidunintentional drift in the
future.
Call, click, or email.