Teas that soothe headaches, tinctures that cure colds, and ointments that heal muscle aches. Health claims like these are often commonplace on botanical and herbal products, so it makes sense why many botanical producers think making health benefit claims with the words “cure” and “heal” is lawful and holds little risk.

This is not the case.

Companies can be held accountable for making the wrong kind of health claims about their products. For example, Balance of Nature was ordered to pay $1.1 million to settle a consumer protection lawsuit in part for making misleading statements about its products. This company claimed its capsules could treat diabetes, arthritis, and cancer, likening taking three of its capsules to taking over five servings of fruits per dose.

Even companies that escape big lawsuits face the potential of receiving letters from the FDA, a call from their state’s medical or pharmaceutical licensing board, or having their products discontinued because of health claims that violate the law.

These stressful problems can lead to business losses. Responding to the FDA or a call from a licensing board requires expertise, and their demands to rebrand your products take valuable time. Popular platforms like Etsy have strict policies that allow them to remove products that use impermissible health claims; your local farmer’s market might have similar policies.

In the last few years, the FDA sent warning letters to various botanical companies for reasons including:

• Describing ginger as “anti-inflammatory,”
• Claiming in a blog post that organic blueberries in a dried tea reduce “bad” cholesterol and
• Directing customers to use yarrow, plantain, lavender, or comfrey balm for eczema, stings, cuts, and minor burns, among other ailments.

Many botanical producers make similar claims about the foods and herbs they grow, which puts them in a very vulnerable position legally.

Over the past few years, interest in botanical and herbal products has surged, along with the demand for clear and practical marketing information for producers. This is why our team is excited to launch our five brand-new botanical guides and host our free upcoming webinar, which will provide valuable insights and guidance to navigate the complex landscape of health benefit claims.

Check out our brand-new guides and register for our webinar by clicking the links below.

• Webinar
  Tinctures, Salves, and Teas: What Laws Apply to Botanical Products?

Digital Guides

• Legal Guide for Wisconsin Botanical Producers
• Legal Guide for Illinois Botanical Producers
• Legal Guide for Minnesota Botanical Producers
• Legal Guide for Michigan Botanical Producers
• Legal Guide for North Dakota Botanical Producers (coming soon!)
• Crop Insurance as a Risk Management Solution for Botanical Producers