Keys, the firm’s owner and managing director, said all therapeutic claims that the company had happily been making since building the website in 2001 – and for seven years before that via labelling and print – had been removed, an action she feared could put a severe dent in its profitability.
“Not being able to make claims could well run us out of business,” she said. "We were surprised to receive this letter as we did not know the claims were illegal but took steps immediately to comply."
The FDA warning letter, sent December 2 and which can be found here, highlighted unauthorized drug claims for three products – Custom Advantage Chamomile; Custom Advantage CoQ10 and Custom Advantage Omega-3 Fatty Acids – and gave NutriHerb 15 days to take corrective action.
“We rang them and after discussing it decided to remove all therapeutic claims from our site,” Keys said. “Because there was so much to do they gave us a 60-day extension and we have just written to them to notify them that the work has been completed.”
Keys said she had scanned the FDA-approved list of qualified and unqualified health claims, but said the process was so elongated and expensive that NutriHerb would not be pursuing it.
The firm does also have the option to make structure/function claims provided they can substantiate them.
“Being a small family business, we have a small marketing budget, so I have no idea how we are going to market our products now,” she said.
Another warning letter dated December 21 sent to another Florida-based company regarding unauthorized drug claims for a range of sea algae derived calcium-osteoarthritis supplement products had not as yet been heeded.
Natural Option USA Corporation continues to market OsteOrganiCAL with testimonials and references to studies the FDA has deemed amount to drug claims on its website.
However the company said it was, "in the process of removing the claims".
That letter can be found here.