So you’re interested in learning how to write irresistible copy that won’t land you in hot water with the F-D-A, huh? Welp, that’s actually a *really* smart investment of your time…after all, if you say the wrong thing and put claims in your copy or content…you could end up spending a ton of money on fines and legal fees — or worse, lose your license. And we don’t want that.
The great news is, writing regulatory-friendly copy that’s actually fun to read isn’t all that hard. You just need to stick to a few easy-to-learn guidelines, which I’m about to teach you.
If we haven’t met yet, hi! I’m Amy Griffin, copywriter and content strategist for women’s health and wellness professionals. My specialty is serving up claim-free copy that gets results.
And I have to say this: I am NOT a lawyer. The contents of this blog post do NOT constitute legal advice. The ideas and concepts here are NOT in any way meant to be a replacement for a legal professional’s counsel. And this is NOT meant to be a comprehensive, fail-proof guide. Regulations change and standards deviate. I always recommend having your copy reviewed by a lawyer who’s well versed in claims and compliance.
This blog’s simply a compilation of the knowledge I’ve garnered from writing millions of words over the years for health and wellness pros. Let it help guide you in writing the best, regulatory-compliant copy that also gets RESULTS.
So, What Exactly Is A Claim?
First, let’s define a claim. A claim is something you say about your product or the ingredients in your product that implies or directly states it can:
Prevent, heal, mitigate, or treat a disease or health condition
Change the structure or function of your body
We’re talking even simple language like:
Anti-inflammatory
Minimizes acne
Pain-reducing
Boosts immune system
Unless you have a product that’s been approved by the FDA, you can’t say those types of things about it. (The list of things you can’t say is actually massive, keep reading for more details)
Yep, even if your product includes a known anti-inflammatory ingredient…your marketing can’t actually *say* that it’s anti-inflammatory.
And if you want to speak about one of those ingredients in your content (like in a heavily researched blog post) — you’ve got to back that up with high-quality research.
What isn’t a claim? Anything you say about your product outside of medical terminology. It’s OK to say your product “leaves you feeling like a strong, confident goddess” because that’s not a medical outcome.
What NOT To Say
To recap: A claim is something that implies a product can prevent, heal, or treat a disease…or change the structure or function of the body.
For claim compliant copy, you need to consider anything a doctor can diagnose as a disease. This includes anything that may be deemed “medical” in nature. And it also means you can’t talk about curing or abating symptoms of any diseases.
For example, you don’t want to include any medical terms like the following in your marketing material:
Acne
High blood pressure
Adrenal insufficiency
Endometriosis
Diabetes
Infection
Fever
Because these are all medical conditions or symptoms with available medical solutions.
You also can’t say that your product (or an ingredient in your product):
Boosts collagen production
Reduces pain
Decreases wrinkles
Tightens skin
Fights inflammation
In general, you want to make sure your copy doesn’t use any of these common claim words:
Can (as in this ingredient can help lower blood sugar)
Cure
Treat
Treatment
Reduce
Decrease
Remove
Boost
Rich in
Protect
Improve
Regenerate
Proven
Soothe
Soothing
Anti-aging
Anti-bacterial
Anti-inflammatory
It’s important to note that in your marketing you can’t assign medical properties to natural ingredients, like essential oils.
Here’s a real-life example of a claim taken from an FDA warning letter:
“This formula uses specialized enzymes to break down excess protein on scar tissue and fibrin in the blood vessels and internal organs; removes the protective protein coating on tumors, cancers, and parasites; renders viruses and bacteria inert; reduces the immune systems ability to attack the body in auto immune diseases such as MS, Lupus and Rheumatoid Arthritis. Combined with Magnesium and B-6 to help lower Blood Pressure, Cholesterol and dissolve blood clots, thus aiding in the prevention and treatment of Atherosclerosis, Strokes and Heart Disease. It … aids in reducing anxiety, confusion, epilepsy, migraines and insomnia.”
Whew, this one’s quite the doozy. This company is making all sorts of claims about their natural health product…this is a particularly egregious violation — since making even just one of these statements can get you into trouble.
What To Say Instead
We’ve talked in-depth about what you can’t say…
But there’s actually quite a bit you CAN say, if you’re willing to get creative.
Can’t I just use a disclaimer? Or say that “this is what I do with my patients”?
Unfortunately, these methods that used to work aren’t really enough anymore. You can’t say that a non-FDA approved supplement reduces inflammation — and try to cover yourself by adding in “this product is not meant to treat, heal, or prevent disease.” You should definitely add in disclaimers to your website and product descriptions, but they’re not enough to keep you out of hot water entirely.
Sell Your Stuff, Safely
Whether you’re a copywriter or writing your own copy, you may be feeling a bit frustrated right now.
After all, the most effective way to sell something is to talk about its benefits, right?
So — how are you supposed to talk about the benefits of a product if you can’t dig into the benefits of the product or its ingredients?!
I’m here to tell you — it is entirely possible. It just takes a bit of creative thinking to talk around the medical terms.
Some of the ways I like to do this:
This supplement is like a warm cup of tea and a fuzzy blanket for your tired adrenals.
This product will help your hormones play nice with each other.
This topical oil will make your skin feel like it stepped back in time.
Instead of acne — try something like skin that just won’t cooperate.
Rather than bloat — what about puffy or looking like you shoved a balloon under your shirt?
Don’t use depressed — say your mood feels as flat as a pancake.
Insomnia becomes difficulty sleeping.
See?
I was able to paint a picture of benefits, conditions, and symptoms without even mentioning so much as a whiff of a medical term.
Remember the claim I mentioned earlier?
“This formula uses specialized enzymes to break down excess protein on scar tissue and fibrin in the blood vessels and internal organs; removes the protective protein coating on tumors, cancers, and parasites; renders viruses and bacteria inert; reduces the immune systems ability to attack the body in auto immune diseases such as MS, Lupus and Rheumatoid Arthritis. Combined with Magnesium and B-6 to help lower Blood Pressure, Cholesterol and dissolve blood clots, thus aiding in the prevention and treatment of Atherosclerosis, Strokes and Heart Disease. It … aids in reducing anxiety, confusion, epilepsy, migraines and insomnia.”
Here’s a much more regulatory-friendly way to frame the benefits of this product (although, personally, I would coach this company to dial in on a specific range of benefits to use to market this product. Instead of claiming your product can literally do everything from reducing scar tissue to curing cancer, insomnia, and heart disease…it’s much more effective to use just one angle and focus on that):
“If you’re struggling with your skin (and you’re ready to fall in love with it again) this formula’s been called the Holy Grail of topical serums. When taken internally, it also supports a happy, healthy heart and is loved by my patients that struggle with autoimmune issues. Brain loving benefits? It’s got those too — this formulation will help you sleep like a kitten by the fire and even comes to the rescue when your head starts pounding.”
Once you’ve gotten some practice, these types of descriptions will become second nature to you.
And just to be sure — after you’ve made your draft, go back through it with the ol’ find and replace feature to make sure you haven’t used any common words like boost, improve, or heal.
Double-check for the word can, rich in, or reduce.
And that’s it!
Your copy is ready to sell your stuff — and avoid the wrong kind of attention, too.
For more information and to see actual claim letters from the FDA, click here.
Need Help Crafting Claim-Free Copy That Sells?
Staring down a health and wellness copy project that’s giving you bouts of anxiety and making your to-do list groan under the weight of yet *another* task?
You’re in the right place!
Creating copy that’s free of claims and gets results is my specialty.
And I can whip up a website, 10 emails, or a sales page in just a week.