Medical Drug Claims Policy
In this Medical Drug Claims Policy we will be covering the below headings:
- What is a medical drug claim?
- Which medical drug claims are prohibited?
- Can I make other medical drug claims that are not listed as prohibited?
- Can I make medical drug claims if I add a disclaimer?
- Can I have testimonials from previous buyers?
- What if my item makes a prohibited claim about healing or curing, but I believe the claim to be true?
- Can I make false claims?
- Additional resources
What is a medical drug claim?
A medical drug claim is a statement or suggestion that an item prevents, heals, or treats a medical condition or disease. In many countries, medical drug claims are subject to regulation.
Food Prepped is a marketplace where sellers choose the best way to describe the items they are selling. While we do prohibit certain types of claims as described below, there may be sellers on Food Prepped who make claims that we do not explicitly prohibit but may be subject to regulation. For example, Food Prepped does not specifically prohibit dietary supplements, but some supplements and claims around their usage may be subject to regulation.
It is the seller’s responsibility to know and follow any law or regulation that is applicable to them. If you’re making medical drug claims about the items you’re selling, we strongly urge you to speak to a qualified expert to ensure that you are complying with any laws or regulations that apply to you.
Which medical drug claims are prohibited?
Regardless of accuracy or legality, some types of claims are prohibited on Food Prepped. Here is a non-exhaustive list with examples of claims we do not allow:
- Claims that an item is a prevention, remedy, or cure for a terminal or serious medical condition, such as cancer or heart disease
- Claims that the use of an item may result in weight loss or otherwise significantly alter or transform one’s body
- Claims that an item will improve or enhance sexual performance; cure sexual dysfunction; or augment, enlarge or enhance primary or secondary sexual characteristics
If a seller makes or indicates prohibited claims in their shop or in the exhibition of an item – including in the title, description, tags, or images in the listing – Food Prepped may remove the item.
Note that Food Prepped prohibits all medical drugs and several herbal substances due to legality or possible harmfulness.
Can I make other medical drug claims that are not listed as prohibited?
Food Prepped is not able to advise whether regulations apply to you. However, we will enforce our own policies against the types of claims described above. The types of claims prohibited are subject to change at any time. If you are unsure whether a claim you wish to make may be in violation of our policy, please reach out to our Marketplace Integrity team at integrity@foodprepped.com
Can I make medical drug claims if I add a disclaimer?
Medical drug claims prohibited by Food Prepped always violate our policies, regardless of any disclaimers. For other claims, it’s up to you as the seller to determine whether a disclaimer works for your shop and complies with any laws or regulations applicable to the items you are selling. Food Prepped is unable to advise on this matter. We urge you to speak with a qualified expert.
Can I have testimonials from previous buyers?
Food Prepped does not prohibit testimonials, but they must not make prohibited claims and must comply with any applicable laws pertaining to endorsements or medical drug claims.
What if my item makes a prohibited claim about healing or curing, but I believe the claim to be true?
Some claims are prohibited on Food Prepped, regardless of whether you believe or can prove their truthfulness. For example, it is not allowed to claim that your product cures a terminal disease such as cancer or that it will cause weight loss.
Can I make false claims?
As with any item on Food Prepped, you may not knowingly make false claims about it or otherwise describe it inaccurately.
Additional resources
Food Prepped provides some potentially helpful resources for informational purposes only. We cannot provide legal guidance.
European Union
European Commission – Public Health: Herbal Medicinal Products
European Commission – Food: Nutrition and Health Claims
European Commission – Food: Food supplements
European Commission – Growth: Cosmetics
European Medicines Agency – National competent authorities
Germany
Bundesamt für Verbraucherschutz und Lebensmittelsicherheit – Risiken managen – Verbraucher schützen
France
Ministère des Affaires sociales et de la Santé – Médicaments et autres produits de santé
United Kingdom
GOV.UK – Medicines & Healthcare products Regulatory Agency
Last updated on 04 Dec 2023