21 USC 343-2 - Dietary supplement labeling exemptions

U.S Code last checked for updates: May 21, 2025

§ 343–2.

Dietary supplement labeling exemptions

(a)

In general

A publication, including an article, a chapter in a book, or an official abstract of a peer-reviewed scientific publication that appears in an article and was prepared by the author or the editors of the publication, which is reprinted in its entirety, shall not be defined as labeling when used in connection with the sale of a dietary supplement to consumers when it—

(1)

is not false or misleading;

(2)

does not promote a particular manufacturer or brand of a dietary supplement;

(3)

is displayed or presented, or is displayed or presented with other such items on the same subject matter, so as to present a balanced view of the available scientific information on a dietary supplement;

(4)

if displayed in an establishment, is physically separate from the dietary supplements; and

(5)

does not have appended to it any information by sticker or any other method.

(b)

Application

(c)

Burden of proof

(June 25, 1938, ch. 675, § 403B, as added Pub. L. 103–417, § 5, Oct. 25, 1994, 108 Stat. 4328.)

cite as: 21 USC 343-2