Medical Drug Claims & Disclosures PolicyWhat 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.
TMM is a marketplace where sellers choose the best way to describe the items and services they are selling. While we do prohibit certain types of claims as described below, there may be sellers on TMM who make claims that we do not explicitly prohibit but may be subject to regulation. For example, TMM 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 or services 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 TMM. Here is a non-exhaustive list with examples of claims we do not allow:
- Claims that an item or service 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 or service may result in weight loss or otherwise significantly alter or transform one’s body
- Claims that an item or service will improve or enhance sexual performance; cure sexual dysfunction; or augment, enlarge, or enhance primary or secondary sexual characteristics
If a seller makes or implies prohibited claims in their shop or in the presentation of an item or service – including in the title, description, tags, or images in the listing – TMM may remove the item.
Note that TMM prohibits all medical drugs and numerous herbal substances due to legality or potential harmfulness. Please see our Prohibited Items Policy for more specific information.
Can I make other medical drug claims that are not listed as prohibited?
TMM 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 us at email@example.com.
Can I make medical drug claims if I add a disclaimer?
Medical drug claims prohibited by TMM 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 and/or services you are selling. TMM is unable to advise on this matter. We urge you to speak with a qualified expert.
Can I have testimonials from previous buyers?
TMM 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 or service makes a prohibited claim about healing or curing, but I believe the claim to be true?
Some claims are prohibited on TMM, regardless of whether or not you believe or can prove their truthfulness. For example, it is not ever allowed to claim that your product or service cures a terminal disease such as cancer or that it will cause weight loss under any circumstances.
Can I make false claims?
As with any item or service on TMM, you may not knowingly make false claims about it or otherwise describe it inaccurately.
TMM provides some potentially helpful resources for informational purposes only. We cannot provide legal guidance.
Food and Drug Administration
- Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?)
- Guidance for Industry: Structure/Function Claims, Small Entity Compliance Guide
- Medical Foods Guidance Documents & Regulatory Information
- Dietary Supplements Guidance Documents & Regulatory Information
Federal Trade Commission
- Advertising FAQ's: A Guide for Small Business
- Dietary Supplements: An Advertising Guide for Industry