Friday, March 9, 2012

03/09/12 - The NPA’s TIA Program: Industry Pledge for Honest Advertising

Welcome to the Update eMemo... helping the natural products and services industry comply with lawful regulatory standards...
[1] “Truth in Advertising” – The NPA Ad Truth Pledge
[2] Social Networking Services
[3] Yes, You do Need Clinical Trials…
[4] Vitamin Lawyer Connections: All the Links You Need!

[1] Natural Product Association’s Truthful Ad Pledge

Vitamin Lawyer Services Adhere to the Pledge Guidelines

Truth in Advertising
TIA Pledge
“A foremost concern of the TIA program is that advertisers strictly to adhere to the regulatory guidelines established by the FD&C Act, DSHEA, and the Federal Trade Commission Act. To help uphold these standards, the Truth in Advertising Pledge requires that program participants:
  • Not make claims, either expressly or implied, that are not accurate and fail to adequately disclose qualifying information.

  • Verify that there is adequate substantiation for claims being made, including the level of support, type and quality of evidence presented, and relevance of the evidence to the claim.

  • Not make claims through testimonials or expert endorsements that cannot be substantiated.

  • Ensure that claims based on traditional use have the appropriate substantiation or clearly communicate that the sole basis for the claim is its history of use for a particular purpose.

  • Ensure that claims are appropriate for dietary supplements and do not cause the product advertised to be a "drug" under the FDCA.

  • Use the two-part disclaimer as stipulated by the Dietary Supplement Health and Education Act (DSHEA) of 1994 when appropriate.

  • Strictly adhere to the use of "third party literature" as defined by DSHEA.
To learn more about the Pledge effort to encourage and maintain a national standard of honest and direct advertising, please visit

[2] Website Marketing Services Available

Website Online Marketing Services Available For Your Business
I know you are ready to take your business to the next level using SEO, SEM, Social Networking, and other online marketing techniques for your website tailored to your business’s requirements.  I know you are looking to dramatically increase your client, patient, or customer base and profits in an exponential way!

I urge you to call is Virtually Local.  Virtually Local, a premier Internet Marketing business, is owned and operated by Lynda Leibowitz.  She is also the author of “Lynda A Leibowitz’s Guide To Marketing Your Business: Harness the Power of the Internet to Boost Your Profits”.*  

She is one of the good folk who have helped Natural Solutions achieve the high Google ranking and strong social networking that put it among the top fifteen thousand web sites world-wide.

Affordable with real ROI. What choice do you have?

Visit Virtually Local today or call (973) 498-8497.

*Now being sold on

[3] Yes, you do need clinical trials! Further Services You Need!
Several clients are raising funds to invest in Clinical Trials or Clinical Studies; I was asked to prepare a “Comfort Letter” for the clients to use with their potential investors. If you would like a copy addressed to your Company, to raise the funds you need to invest to stay in the market, please email me!
The Red Letter warnings I sent you in recent months from the NPA & ASA urgently restate what I’ve been telling my perceptive clients regarding the vitamin or natural products companies. Are you ready for the FDA inspectors?  I told you the 4 essential steps you must take in the last issue of the VL Update. Here, I add estimates of what these essential steps will cost your company. You need to budget now and start to do what you can to be prepared. The FDA has already dramatically increased inspections, without those new bureaucrats!
What do you need to survive an FDA inspection? I’ve told you several times!
  1. Standard Operating Procedures – in place and up-to-date -from $500. The SOP document not only satisfies FDA, but also helps you organize your business!
  2. Product Substantiation Notebook – in place and up-to-date –from $500 plus your research time; this Notebook is a MUST if you get inspected! Part of the Notebook includes copies of the Structure and Function Claims Notices companies are required to file with the FDA within 30 days of marketing any claim. The cost for these notices is from $340.
  3. Copy-writers who know how to avoid Red Flag claims & Illegal Testimonials! My webinar on these issues is inexpensive. $99 for the archived CAM Webinar; a private copywriter webinar just for your company copywriters will cost above $500 (the webinar includes an eBook specially written for your company).
  4. A Third-Party Clinical Trial of your product; you can no longer fully rely on published science about isolated ingredients – This can cost up to several hundred thousand dollars. NCT offers a Minimal Clinical Trial from $35,000.
WHAT SHOULD YOU DO? Contact me NOW!  973.300.4594
The longer you put off addressing any of the above issues,
the more at-risk is your company!
New Service for EU Cosmetics Dossiers: You can sell in the EU without prior governmental approval, if you have a Dossier from NCT! Please take a look at our new Webinar linked from this web page:
Announcement: For information about the SEC-filed Fund for Natural Solutions: (offering only by Private Placement Memorandum, available upon request: just email me at with “Fund” in the subject line). Our first proposed investment: an off-shore (Panama/Hong Kong) compounding pharmacy. Doing good while doing well… think about the possibilities!

[4] Vitamin Lawyer Connections
Archived Cautions for CAM Wellness Practices
"Do you have a CAM “Alternative” health practice? Do you provide nutrients, remedies or health related items to clients?
Do you have questions about your legal rights and limits … or need information about how best to run your health care business? Are you aware there are words you cannot use and statements, although true, you cannot safely say to clients?
Hiring an attorney, one on one, to review these issues could cost you hundreds of dollars… making a mistake could cost you thousands. I invite you, instead, to learn from my Webinar, Cautions for CAM Wellness Practices.
I am known as The Vitamin Lawyer, because much of my 36 year legal practice centered around helping people in CAM practices, nutrient purveyors and advanced healthcare teachers. Today I am a Trustee of Natural Solutions Foundation. I can keep you out of trouble and operating smoothly so you can fulfill your mission to help others…"
This $99 PEL Webinar runs about an hour through 32 slides. It includes an 18 page eBook of information and forms all of which would cost over $500 if one on one. This is a Natural Solutions Foundation Benefit Webinar."

Vitamin Lawyer Connections…
Notice of Fee Increase: 2011 Rates: $340 standard and $285 discounted.
Do you Skype? If so, free is one of the easiest ways to contact me, no matter where I may be.
My Skype handle is: vitaminlawyer
Our new affiliation site:
Do you have an affiliation program? We’d like to list it.
If you don’t have an affiliate program… I have Affiliate Program SOPs & Rules …
And good advice… for you.
“One on One with the Vitamin Lawyer” from Power Pictures Inc.
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Ralph Fucetola JD
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