Should TrimSpa X32 Remain on the Market? An analysis of TrimSpa X32’s compliance with FDA and FTC guidelines

Abstract

TrimSpa X32 has launched onto the dietary supplement and weight loss markets with a deluge of promotion, from a celebrity endorser to a million dollar contest, from sponsorship of award shows to a website filled with information, testimonials, and a personal consultation tool. But is the product safe and are the advertisements for the product truthful and nonmisleading? This paper examines TrimSpa X32 to determine whether it complies with the applicable regulatory guidelines of both the United States Food and Drug Administration (FDA) and United States Federal Trade Commission (FTC). In order to do so, this paper first analyses the Dietary Health and Supplement Act of 1994 which provides the basis for FDA regulations and “Dietary Supplements: An Advertising Guide for Industry” which sets out guidelines to aid the FTC in regulating the advertising of dietary supplements and also provides a comprehensive guide to advertisers to aid them in complying with FTC regulations. This paper concludes that TrimSpa currently complies with all applicable regulations. However, there are several issues which may arise in the future, including safety and efficacy concerns and potential claims of misleading advertisements and duty-to-warn litigation.