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

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,
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".

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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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.

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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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