GUIDELINES FOR MAKING PRODUCT CLAIMS

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Candice Davis
5 years ago
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1 GUIDELINES FOR MAKING PRODUCT CLAIMS

This practical guide to making claims provides valuable information for Independent Business Owners (IBOS) to use in their everyday operations.

2 This practical guide to making claims provides valuable information for Independent Business Owners (IBOS) to use in their everyday operations. It describes various types of claims and provides simple guidelines for making claims that are likely to be approved by ACN. Educating yourself and others in your organization is key when it comes to building your business on a solid foundation. 2 ACN Guidelines For Making Product Claims

3 PRODUCT CLAIMS Anume products are foods, dietary supplements or cosmetics. Product claims are statements that describe what a product can do; what it is for and what benefits it provides. You may only make claims that appear on Anume product labels, features and benefits, catalogs, and websites. ACN has approved only these claims. It is important that you never deviate from these authorized claims in making product claims. REMEMBER: Even though you may have obtained results that are better than or different from those stated in Anume materials, you cannot say so. This is because: Certain claims are not permitted for certain kinds of products under FDA/FTC regulations. REQUIRED DSHEA STATEMENT A dietary supplement is a product that contains a dietary ingredient intended to add further nutritional value to (supplement) the diet. Dietary ingredients include substances like vitamins, minerals, amino acids, or extracts. The Dietary Supplement Health and Education Act of 1994 ( DSHEA ) requires the following declaration, also known as the DSHEA statement, to be used in all labeling and promotion of dietary supplements: This statement has not been evaluated by the Food and Drug Administration (FDA). This product is not intended to diagnose, treat, cure or prevent any disease. This declaration is intended to help consumers avoid confusing the benefits of a dietary supplement to the actions of a drug. If you see this declaration with an authorized claim on any approved materials, website or catalog, you must use it any time you make the same claim in writing. ACN Guidelines For Making Product Claims 3

TYPES OF CLAIMS DISEASE CLAIMS Disease claims are those that state or suggest that a product will treat, prevent or cure a disease or other medical condition.

4 TYPES OF CLAIMS DISEASE CLAIMS Disease claims are those that state or suggest that a product will treat, prevent or cure a disease or other medical condition. All claims of this kind are strictly prohibited. The following is an example of what not to say: Vita+ provides calcium. Because of the calcium in this product, you don t have to ever worry about osteoporosis -or- Because of the calcium in this product, it will treat the symptoms of osteoporosis and you will no longer suffer. DIRECTIONS FOR PRODUCT USE Remember that all statements and claims made about Anume products must be consistent with the instructions for use on the product label. You must never encourage a customer to take more than the recommended daily amount of any product, or otherwise use the product in a way that conflicts with the instructions for use on the product label. If you adhere to the recommended dose on the product label, you can feel confident when explaining product usage. REMEMBER: The label is your best guide! 4 ACN Guidelines For Making Product Claims

WEIGHT-LOSS CLAIMS AND WEIGHT-LOSS DISCLAIMER It is well established that losing weight requires burning more calories than you take in either through reducing your caloric intake, increasing the

5 WEIGHT-LOSS CLAIMS AND WEIGHT-LOSS DISCLAIMER It is well established that losing weight requires burning more calories than you take in either through reducing your caloric intake, increasing the amount of calories you burn, or preferably, both. Anume weight-management program is based on products that help people reduce caloric intake, along with incorporating a sensible diet and physical activity. You can make claims about weight-loss results achieved through Anume. However, all claims that you make: MUST include reference to lowering caloric intake, eating a balanced diet consisting of healthy foods and engaging in regular physical activity; MUST be truthful, accurate and not misleading; If you are making a weight-loss claim in writing, such as a presentation, written materials that contain weight-loss claims, or posting a before-and-after picture, you must use the full text of the weight-loss disclaimer: Results not typical. Diet and exercise required. Average consumer may lose pounds per week. Disclaimers are updated from time to time, so remember to use the current disclaimer. For the most up-to-date disclaimers, visit ACN Compass. Keep in mind, using Results not typical or Your results will vary alone is not sufficient and does not comply with ACN Rules or the law. ACN Guidelines For Making Product Claims 5

UNACCEPTABLE WEIGHT LOSS CLAIMS The Federal Trade Commission considers the following seven gut-check claims to be false or misleading in all promotions or advertisements for weight loss or weight

6 UNACCEPTABLE WEIGHT LOSS CLAIMS The Federal Trade Commission considers the following seven gut-check claims to be false or misleading in all promotions or advertisements for weight loss or weight management programs. They are: A product or program will promote weight loss without dieting or exercise. A product or program will promote substantial weight loss no matter what or how much the consumer eats. A product or program will cause permanent weight loss even after the consumer stops using product. A product or program will block the absorption of fat or calories to enable consumers to lose substantial weight. A product or program will allow consumers to lose more than 2.5 pounds per week safely. A product or program will cause substantial weight loss for all users. A product will cause substantial weight loss by wearing it on the body or rubbing it into the skin. Claims like the above, or any variation of the above, are strictly prohibited. Anume products are cutting-edge and do not require such exaggerations or any claims that deviate from those approved by ACN, which can be found in current product features/ benefits and catalogs. 6 ACN Guidelines For Making Product Claims

7 PRODUCT CLAIMS EXAMPLE 1 PERMITTED STATEMENT I take Shake-it! every morning for breakfast to get protein, vitamins and minerals my body needs. PROHIBITED STATEMENT I take Shake-it! every morning because since I started taking it, I have stopped having problems with my diabetes and migraines! There is no approved diabetes or migraine disease claim for Shake-it! and these statements make it appear to be a drug product. EXAMPLE 2 PERMITTED STATEMENT I did the Anume 21 Day Challenge 3 times [during the last X months, or consistently, whichever explains your story] and I was able to lose 10 pounds and 5 inches by using the product, changing my diet and working out daily/hours per day/etc. I did the Anume 21 Day Challenge 4 times and lost 12 pounds and went from size 14 to a size 10 using the products, eating a balanced diet by eliminating junk food, and adding walks to my daily (or whatever explains how many times and how long you walked for) routine ACN Guidelines For Making Product Claims 7

8 PRODUCT CLAIMS EXAMPLE 3 PERMITTED STATEMENT Momentum helps me get through the day. I feel energized and can keep up with my kids. I feel great! EXAMPLE 4 I did the 21- Day Challenge X times and I now feel I have better eating habits and make better food choices. Because of combining Anume s Weight Management System (Shake-it!, Go! and Sync!) with a nutritious diet and lifestyle changes, I feel healthier, full of energy and ready to tackle the day. Shake-it! makes me feel fuller longer, which I believe helps me make better food choices. SIZE AND PLACEMENT OF REQUIRED DISCLAIMERS The use, size and placement of a disclaimer is as important as the claim that is made. Disclaimers must always be clear and conspicuous, which means that they must be easy to see, read and understand by the average consumer and be in a font that is at least as large as other fonts used to convey the claim. Some things to keep in mind with disclaimer use: 1 The placement of the disclosure and its 3 proximity to the claim it is qualifying (do you have to scroll, is it easily seen?) Whether your claim is so lengthy that the disclaimer needs to be repeated (remember close proximity) 2 Whether creative content of your marketing 4 Whether the language of the disclosure or material distracts the consumers attention disclaimer is understandable to the intended away from the disclosure (claim and/or audience (Keep it simple with all necessary pictures so big the disclaimer can t be found) info). If you are keeping these things in mind when marketing the Anume products, you are on the right path. 8 ACN Guidelines For Making Product Claims

9 FOR SIMPLICITY, DISCLAIMERS MUST BE: Easy to read, easy to understand and easily found In a minimum font size of 10-point. Please keep the size of your claim in mind, when assessing the size of your disclaimer In a font color that stands out against the background (for example, white on dark blue or black, not white on light gray) Easy to find (not buried in a footnote or a block of text that people aren t likely to read or where scrolling is needed to find the disclaimer) Close to the claim to which the disclaimer relates Size and placement requirements for disclaimers apply to all forms of promotion dissemination; live or taped presentations, social media, as well as written materials. If a claim is made orally as part of a presentation on stage or in a video, the disclaimer must be audible and provided as close to the claim as possible. Any written disclaimers in videos should follow the guidelines above for disclaimers in written materials. They should also remain on screen long enough to be noticed, read and understood. If disclaimers are hard to find, tough to understand, obscured by other elements in the ad or buried in unrelated details, they don t meet the clear and conspicuous standard. ACN Guidelines For Making Product Claims 9

21 DAY CHALLENGE TESTIMONIALS SUBMISSION You must receive written approval from ACN prior to making claims about your individual experiences or

To submit your testimonial, please: 1 2 3 4 Visit the 21 Day Challenge website at www.anumereto21.

Conditions associated with your testimonial and submit it ACN will contact you within 10 business days to indicate whether your submission has been

10 21 DAY CHALLENGE TESTIMONIALS SUBMISSION You must receive written approval from ACN prior to making claims about your individual experiences or that of your customers with the Anume21 Day Challenge. This includes express and implied claims (written and images). To submit your testimonial, please: Visit the 21 Day Challenge website at Go to the testimonials page and complete all required fields Upload any images or other materials you would like to use Agree to the Terms and Conditions associated with your testimonial and submit it ACN will contact you within 10 business days to indicate whether your submission has been approved. Submissions that are not approved may not be used. Use of unapproved materials may result in action on your position, up to and including termination, in ACN s sole discretion. 10 ACN Guidelines For Making Product Claims

11 BEFORE AND AFTER PHOTOS Images can be influential and persuasive to the consumer. They make implied claims about the Anume weightmanagement program, as they show how people s bodies changed while they were using the products, whether it be in terms of pounds lost, inches lost or changes in body fat. Photos and any assertions that accompany the pictures are held to the same standard as other claims. Therefore, before-and-after pictures must always be accompanied by the above referenced weight-loss disclaimer. Prior to posting any photos to social media (including but not limited to Facebook, Instagram, Twitter, Vimeo, YouTube), the testimonial must be reviewed and approved. Please do not post or share before and after results without obtaining ACN s prior authorization. Please send all requests for approval through our website Please note, any photos that do not comply with the below requirements, will likely not be approved and should not be used for promotion of the Anume weight management program. BEST CASE SCENARIO PHOTO REQUIREMENTS Take a before picture of yourself prior to starting the Anume 21-Day Challenge Take an after picture of yourself using the same location, lighting, and type of clothing Same position (side, forward, back) Same portion of the body shown (upper, lower or full) Submit for approval ACN Guidelines For Making Product Claims 11

Also please keep in mind, if you only participated in the program for 21-days and provide a before and after depiction with a drastic result (i.e., obvious weight loss over the average), we will be unable to approve the photo for use, as we will be adhering to the guidelines set forth by governmental agencies.

12 Also please keep in mind, if you only participated in the program for 21-days and provide a before and after depiction with a drastic result (i.e., obvious weight loss over the average), we will be unable to approve the photo for use, as we will be adhering to the guidelines set forth by governmental agencies. As such, photos representing results of this kind are not permitted to promote the program, therefore please do not post them in social media. If it is found that you have posted photos or commentary that is either not approved or not part of approved product information, sanctions may be imposed up to and including termination of your ACN distributorship. 12 ACN Guidelines For Making Product Claims

13 APPROVED EXAMPLE: *For illustration purposes only

14 GUIDELINES FOR MAKING PRODUCT CLAIMS

Welcome to Arbonne Evolution

Weight Management System Guide Are you ready to start your evolution? Welcome to Arbonne Evolution Are you ready for a new healthier you? Thank you for stepping up to 90 Days to a Healthier You! We re