What's Up With Supps

Disclosing material connections is an important part of influencer and ambassador marketing, including when customers receive free products and post about them. Drunk Elephant, a well-known skincare brand, was recently targeted by the National Advertising Division (NAD) for alleged violations of their influencers and ambassadors not disclosing material connection. Here’s what we can learn. ?? From NAD case: "A company influencer states “@Drunk Elephant you did it again – you guys know I’m obsessed with the bronzing drops… #drunkelephantpartner.” NAD goes on to state “The hashtag is on the fifth line and only visible if the viewer clicks on the hyperlink “more.” ?? Takeaway: Hiding material connection below the “more” section is not considered conspicuous and is therefore not compliant. Adding disclosures at the beginning of the post is always best. Also since this is a video post where the endorsement is made verbally the disclosure should be made verbally as well. ??Unpaid product is compensation: In this example the unpaid consumer who receives free product does not disclose material connection. If they would have said “Thanks for the free product” or “I love this free sample” that would be sufficient disclosure. ??From NAD case: “The other TikTok video post was created by … ?an unpaid influencer who received free product from the company. (The) video post did not feature a material connection disclosure. The text accompanying her post states “b-goldi illuminating drops are 10/10.” NAD noted that receiving free product constitutes a material connection that requires disclosure.” Generally speaking, there are two main types of NAD cases. 1) Challenge cases: This is when a competitor challenges the validity of another company’s claims. There is a cost associated with this and typically only larger companies participate in this. This is important to keep in mind if you are “poking the bear” of a large company. For example, saying a product works better than an incumbent product is a quick way to attract a challenge case. 2) Monitoring cases: NAD looks at different categories of claims and then finds claims to challenge. This Drunk Elephant example is a challenge case and since there is little enforcement of TikTok, I expect more NAD scrutiny of this platform. Read the full case here. https://lnkd.in/g-SuZDHT #WarningLetterWednesday #InfluencerMarketing?

I have some exciting news....one of our own, Rick Collins has been nominated as Adviser to the FDA for the Department of Health and Human Services. This is industry's opportunity to have a say over FDA policy and regulation. There are a lot of laws being proposed to restrict access to supplements, impose unnecessary requirements among brand owners and supply chain restrictions. Please vote for Rick who will fight for industry! https://lnkd.in/ge_Tz7ni In addition to voting, free to reply on the voting board why you feel Rick would be the perfect candidate to help reshape our nation’s policy toward health. #fdapolicy #makeamericahealthyagain #legalmuscle

Such an amazing five weeks! I am loving it! Now Foods (Chicago): Two Day Label and Marketing Compliance Training MegaFood (Manchester, NH): Technical Innovation Day: AI and Tech Solutions for the Supplement Industry SupplySide West 2024 (Las Vegas): Two hour claims and science workshop with some of the brightest minds around. What's Up With Supps: Winning the Policy and Change Agent Award Apex Compliance? (Utah): Our first conference "booth" and welcoming the amazing Elizabeth Boock to our business development team. Oh, and going snowboarding with my daughter Nova at Winter Park. I am excited to see how 2024 ends. Thankfully, I don't have more work travel, but we are working on some fantastic things at Apex Compliance that will make the content review process even better! Stay tuned or reach out to Elizabeth Boock for a demo. I am very grateful it's been such a fun-filled five weeks! I have learned a lot! #Entraprenuer #Supplements #PublicSpeaking

Some folks have nominated me for an advisory role to the new FDA. I’d love to have my voice heard to help improve the health of all Americans. The more support I receive, the better my chances at having a seat at the table for all of us. You can vote and comment here: https://lnkd.in/endiHrKF Area of expertise: Health More specific areas of expertise: Testosterone, anabolic steroids, peptides, dietary supplements Feel free to explain why you feel I would be the perfect candidate to help reshape our nation’s policy toward health. Thank you!! Best, Rick #fda #new #health #wellness #nutrition #dietarysupplement

SupplySide West '24 was epic. Too many highlights to capture them all, but a few included meeting the great Sen. Tom Harkin; seeing so many clients and friends in the AWG Sponsored Supply Side Garden; hosting a book signing for Michael Bush; another Probiotic Comedy Extravaganza featuring Stanley T. Probiotic, "Magic" Mike Bush, and harmonizing with Heather Granato to tell the world that supplements ARE regulated: "We Got DSHEA!"; and of course the What's Up With Supps party of the year where Sonny and Cher won the prestigious "Sparkiest Costume" Prize:" Thank you Amanda White, Sandy Almendarez and everyone at Informa for all of your tireless work. See you next year! SSW Amin Wasserman Gurnani = "Cher" Rend Al-Mondhiry; "I Was There!" Abhishek Gurnani; "The New Kid" Bob Durkin; & "The Boss!" Rakesh Amin.

Thanks for joining us at the What's Up With Supps after party at this year's #SupplySideWest! It was nice to unwind after a long but productive week connecting with colleagues, customers and friends, discussing the latest industry issues and new product trends. See you next year!

SupplySide West Recap! ?? Over 20,000 industry members gathered at SupplySide West 2024, making it one of the most dynamic, collaborative, and inspiring trade shows to date! The show floor was buzzing with excitement, showcasing a variety?of new ingredients and cutting-edge innovations that are shaping the future of health and wellness! Among the?highlights was our sponsorship of the successful?What's Up With Supps?networking event, which benefitted?Vitamin Angels, as well as?seeing?Lief’s Chief Scientific Officer, Chioma Ikonte, PhD, speak on the pressing issue of health inequity and the?opportunities for innovation. #SSW #SupplySideWest #tradeshow #networking #supplementindustry

We’re thrilled to congratulate Steve Fink, our very own VP of Marketing at PLT Health Solutions, for receiving the Brand Icon Award at the What's Up With Supps Industry Icon Awards! ?? For nearly a decade at PLT, Steve has been at the forefront of driving marketing strategy, championing brand growth, and advancing innovation in the natural products, food and beverage sectors. His dedication and leadership continue to shape the future of our industry! This recognition not only celebrates his achievements but also highlights the collaborative spirit of our industry. We’d like to extend our heartfelt congratulations to all the nominees and winners who are making remarkable strides in science, innovation, policy, and philanthropy: Science & Innovation: Luke Bucci, PhD CCN CNS Philanthropy: Jon Benninger Policy & Change Agent: Asa Waldstein Industry Influencer: Stephen Daniells ?? A special thank you to Diana Morgan, MS, CISSN, and the entire What’s Up With Supps team for organizing such an impactful event. We’re proud to be part of an industry that shares a collective mission: advancing health and wellness for people everywhere. Here’s to the innovators and icons that inspire us all! #sswexpo #supplysidewest #nutraceuticals #naturalproducts #whatsupwithsupps #beverageindustry

What an incredible experience our team had at SupplySide West! Dr Katie Burren and Alan Worthing had the pleasure of connecting with both new and familiar faces, from ingredient suppliers and product companies to regulatory consultants, trade associations, and more. Looking back here are some standout moments: ? Engaging conversations with scientists on the latest ingredient research—unlike the EU/UK, the US allows health claims if substantiated, opening up new possibilities in product development! ?? Learning about exciting ingredients like mushrooms, trace minerals, and pistachio extract. ?? Deep dives with the International Probiotics Association on postbiotics and discovering the American Botanical Council’s “Adopt a Botanical” scheme. ?? Attending the United Natural Products Alliance breakfast briefing and celebrating the 30th anniversary of DSHEA (Dietary Supplements and Health Education Act). A proud moment hearing Loren Israelsen speak so highly of Rubicon Bridge Ltd! ?? Meeting the welcoming team at Tesseract and discussing future collaborations. ?? A hilarious probiotic comedy show by Ivan Wasserman! ?? ??♀? Ending the event at the What's Up With Supps celebrity icons party—where we met new friends and dressed up in the craziest costumes. Thank you to everyone who made SupplySide West a memorable experience for our team. We’re inspired and energised for what’s next! #SupplySideWest #WhatsUpWithSupps #RegulatoryAffairs

?? What an unforgettable SupplySide West 2024! ?? This year was packed with incredible highlights, and we’re beyond grateful to everyone who joined us. From showcasing our latest innovations to celebrating industry leaders, it’s been an inspiring experience. ?? A special shoutout to our very own Steve Fink, VP of Marketing, for being honored with the Brand Icon Award at the What's Up With Supps Industry Icon Awards! Steve’s visionary leadership over the past decade has been instrumental in PLT Health Solutions' growth and innovation. We couldn't be prouder! ?? ? Zynamite S made waves at the Ingredient Idol competition, where it was a finalist and ultimately took home the People’s Choice Award! We’re thrilled to see such enthusiasm and recognition for this innovative ingredient, designed to enhance energy and cognitive performance. ??The XPO NRG Energy Drink stole the spotlight with its exclusive launch in collaboration with industry leaders and PricePlow. Featuring Zembrin?, this limited edition drink energized the show and sparked amazing conversations! ?? This year, we also proudly participated in the Sustainability tour, guiding attendees through sustainable solutions within the food and beverage supply chain. It was an honor to highlight eco-friendly ingredients and sustainable practices that are driving positive change in our industry. ?? Our Experience Zone was buzzing with visitors eager to get hands-on with our ingredients. It was amazing to see the excitement around our science-backed solutions for cognitive health, energy, and overall wellness. ?? Thank you to everyone who stopped by to connect with our team, explore our products, and discover how PLT Health Solutions can support your formulation goals. Your energy and enthusiasm made this event truly special. Here’s to a successful show and all the exciting partnerships and innovations that will come from it. We can’t wait until next year! #sswexpo #beverageindustry #supplysidewest #nutraceuticals SupplySide Network #naturalproducts? #beveragemanufacturing #esg #whatsupwithsupps Benjamin Kane Nektium Pharma