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What does the FDA disclaimer on supplements actually mean?

It means the FDA did not review the claim next to it. The law requires it with structure/function claims, and it says nothing about whether the claim is true.

It means the FDA did not review or approve the claim next to it. Federal law requires that sentence, and the second one that follows it, whenever a supplement label makes a structure/function claim such as "supports healthy blood sugar." It is a legal notice, not a safety rating, and it does not tell you whether the claim is true, false or well supported.

This article is about the wording itself: what the law says, where it has to appear, what the company has to do before using it, and what it does not change about the rules on honest advertising. Every legal point below comes from FDA and FTC pages we opened while writing. This is general information, not medical advice.

What is the exact wording of the disclaimer?

The rule is 21 CFR 101.93. When a label carries one qualifying statement, the disclaimer reads: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." When a label carries several such statements, a plural version is allowed: "These statements have not been evaluated by the Food and Drug Administration."

The FDA's questions-and-answers page for consumers says this is required by law (21 U.S.C. 343(r)(6)(C) and 21 CFR 101.93) when a manufacturer makes a structure/function claim or certain other claims in dietary supplement labeling. The second sentence exists for a simple reason: only a drug can legally claim to diagnose, treat, cure, or prevent a disease.

Which claims trigger it?

The FDA names three types of supplement claims that need the disclaimer. They are not approved in advance, and they do not require FDA evaluation before use:

  • Structure/function claims, which describe the role of a nutrient or ingredient in the normal structure or function of the body. The FDA's examples are "calcium builds strong bones" and "fiber maintains bowel regularity."
  • General well-being claims, which describe general well-being from consuming an ingredient.
  • Nutrient deficiency disease claims, such as vitamin C and scurvy, which are allowed only if the label also says how widespread the disease is in the United States.

Our review method explains how we read each claim against the label. In short, a phrase like "supports healthy blood sugar" is the kind of wording that sits on the permitted side, while a promise to treat or reverse a disease is not allowed for a supplement.

What must a company do before it uses the claim?

The FDA says the manufacturer must have substantiation that the claim is truthful and not misleading. It must also submit a notification with the text of the claim to the FDA no later than 30 days after it first markets the supplement with that claim.

That is a paperwork step, not an approval. The FTC makes the same point in its health products guidance: marketers must notify the FDA of structure/function claims but do not need to seek pre-approval. The FTC adds that complying with the notification and disclaimer rules is not FDA authorization, and advertisers should not imply that the FDA has approved a claim on that basis.

So the chain is: the company decides on a claim, keeps its own evidence, tells the FDA within 30 days, and prints the disclaimer. At no point does the agency evaluate whether the claim is true. That is exactly what the sentence says.

Where does the disclaimer have to appear?

The rule is specific about placement and type. The disclaimer must sit next to the claim with nothing in between, or be tied to the claim with a symbol such as an asterisk at the end of the statement that points to the same symbol beside the disclaimer. If it is not next to the claim, it must be set off in a box. It must be in boldface type, in letters no smaller than one-sixteenth of an inch.

On a physical label, that is why you often see an asterisk after a benefit sentence and the disclaimer in a box on the side panel. On a website, the rule is different, which brings up the most common misunderstanding.

Does it apply to sales pages and ads?

Not in the same way. The FTC says the DSHEA labeling disclaimer is not required in other forms of advertising or marketing. Many supplement marketers include it on their websites anyway, often in small print in the footer.

The more important point is what the disclaimer cannot do. The FTC says the DSHEA disclaimer or similar statements will not rescue an otherwise deceptive ad, especially where the deception is about health benefits. In its guidance, an ad that explicitly claims a herbal product treats diabetes is deceptive even if the disclaimer is shown prominently, because the disclaimer does not cancel an express claim. The FTC has also said the general rule for all advertising is that claims must be truthful and supported by adequate substantiation before they run.

In practice, a small footer line cannot undo a large headline. When you read a sales page, the disclaimer tells you the company knows its claims are unapproved. It tells you nothing about whether the claims are backed by evidence.

What does the disclaimer look like on real offers?

We read the claims on every offer and compare them with what the label and the cited research show. A few examples from our reviews, repeated as the reviews record them:

  • The RegenVive review notes the page promotes ingredients that "support healthy blood sugar levels," but cites no study of the finished formula, only studies of individual ingredients, mostly at higher doses than the label shows.
  • The CelluCare review records the line "designed to assist in maintaining healthy blood sugar levels" and notes that berberine, the ingredient with the most direct blood sugar research, has no individual amount because it sits inside a 528 mg blend.
  • The Gluconite review records a claim to be the only formula that supports healthy blood sugar during sleep, on a page that names no ingredient at all. It also notes that "FDA registered facility" is a real, checkable status but says nothing about the product itself.
  • The SugarMute review records that all 10 ingredients share one 1.5 g blend and that no trial of the finished product is cited for its outcome claims.
  • The BloodArmor review records a "therapeutic dose" description of 100 mcg of chromium, which the review says is on the low end of the amounts used in chromium trials.

The pattern is the same each time. The wording stays on the permitted side of the line, the disclaimer is present, and the useful question becomes whether the label and the research match the promise.

A short checklist for reading the disclaimer

  1. Find the claim the disclaimer is attached to. An asterisk usually points to it.
  2. Check whether the sentence describes normal body function ("supports") or a disease. A supplement may not claim to treat a disease.
  3. Ask what evidence the page shows for the finished product, not only for single ingredients.
  4. Compare the label amounts with the doses in any studies the page cites.
  5. Do not read "FDA registered facility" or the disclaimer itself as a sign of approval.
  6. Talk to your doctor or pharmacist before you start a supplement, especially if you take medication.

You can also look at the blood sugar category, where this kind of wording is especially common, and compare how different offers present the same ingredients.

FAQ

Does "not evaluated by the FDA" mean a supplement is unsafe?

No. It means the FDA has not evaluated the claim. The law places the responsibility for safety and truthful labeling on the company, and the FDA can act after a product is on the market.

Why is the disclaimer required?

Because structure/function claims are not approved by the FDA before use. The law requires the notice so consumers know the claim has not been reviewed, and that the product is not meant to diagnose, treat, cure, or prevent any disease.

Does the FDA approve supplement claims before they are used?

No. The company must have substantiation and must notify the FDA within 30 days of marketing the claim, but there is no pre-approval step.

Can a disclaimer protect a company that makes a false claim?

According to the FTC, no. The agency says the DSHEA disclaimer will not rescue an otherwise deceptive ad, particularly one that makes claims about health benefits.

Put it into practice

Every DoseAudit review applies these checks to a real product: the label against the research, the true monthly price and the refund terms.

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Sources

This guide is general information, not medical advice. Talk to a doctor or pharmacist before you start a supplement. DoseAudit may earn a commission from affiliate links in reviews; it never changes a verdict. See affiliate disclosure.

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