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Can someone clarify if a trade name can be considered as a claim?


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#1 kick

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Posted 13 March 2020 - 04:32 AM

Hi,
Can someone give me a clarity If a trade name can be considered as a claim ?
If yes, can you please provide me with some reference as per FDA.
I have found the reference for the product name to be considered as a claim. Is it the same for brand name ?

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#2 Charles.C

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Posted 13 March 2020 - 04:37 AM

Hi,
Can someone give me a clarity If a trade name can be considered as a claim ?
If yes, can you please provide me with some reference as per FDA.
I have found the reference for the product name to be considered as a claim. Is it the same for brand name ?

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Hi kick,

 

You may need to be more "specific".


Kind Regards,

 

Charles.C


#3 kick

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Posted 13 March 2020 - 04:43 AM

I want to know if trade names like sleep right, sleep water, dream water as a brand name will be considered as a claim or not ?

Can above mentioned brand sell their product as conventional food. Is there any risk involved ?

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#4 Fishlady

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Posted 19 March 2020 - 11:03 PM

These are the kinds of names that would raise red flags with FDA, especially if your marketing messages - whether on the package or on a website- imply that your products are providing a remedy for sleep disorders.



#5 kick

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Posted 20 March 2020 - 03:27 AM

I got the clarity. This would not be any issue until the context is clear. So, they have to add a disclaimer statement stating this is just a brand name and does not represent the true nature of the product.


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#6 moskito

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Posted 21 March 2020 - 06:18 PM

Hi,

 

I can only answer for Europe - these kind of names can be a health claims. For some names of products and/or companies there is/was an exemption for some years if the names were in use before a certain date.

But this is what the EU has regulated.

 

Rgds

moskito






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