With the adopting of Nutrient Advertising Guidelines by the FTC in November 1998 and the formal Structure and Function Rule by the FDA in early 2000, the Federal authorities have signaled an increase in oversight regarding nutrient internet claims. A number of States have also taken a more active role in regulating nutrient claims, especially regarding certain herbs and nutrients used in weight control. Regulatory action and private law suits have greatly increased during the past several years while various grace periods in the regulations have begun to run, requiring more careful compliance by all vendors.
The folllowing is an example of a state statute regulating vitamins:
(a) It shall be unlawful for any person to manufacture, mix, compound, sell, trade or offer for sale or trade for human consumption in this state any cornmeal or grits unless the following vitamins and other ingredients are contained in each pound of such product:
(b) Such products may contain as optional ingredients not less than 500 milligrams and not more than 750 milligrams of calcium per pound and not less than 250 U.S.P. units and not more than 1,000 U.S.P. units of vitamin D per pound.
