As part of Nutraceuticals World’s 2026 State of the Industry review, Asa Waldstein, Principal at Apex Compliance, highlights emerging enforcement trends shaping supplement marketing and GMP compliance. He notes continued FDA focus on documentation and identity testing, increased scrutiny of online disease claims and influencer disclosures, and new risks tied to AI-related marketing and digital content oversight.

Although the pace of FDA warning letters to dietary supplement companies appears to have slowed over the past 12 months, several important enforcement themes continue.

GMP compliance remains a central focus, particularly regarding incomplete identity and finished product composition testing. The FDA’s long-standing mantra still applies: If it’s not written down, it didn’t happen. 

Another noteworthy pattern emerges during FDA GMP inspection closeouts, which typically happen 6-12 months after a Form 483 is issued. Increasingly, the agency reviews company websites and social media channels at this stage, and if any disease claims are found, this can tip the scale to a warning letter. Companies that have been inspected by FDA in the past year should be extra vigilant and scan all online marketing to ensure no forgotten “regulatory landmines” are present.

Disclosure and digital marketing enforcement are also gaining traction. Several recent FTC and NAD cases cited influencers and brands for failing to disclose “material connections,” including free products. 

We’re also seeing an uptick in “low-resource” enforcement, such as letters citing companies for using non-dietary ingredients, as we saw with a sulbutiamine warning letter and with online disease claims in hashtags, ingredient blogs, and product descriptions. These cases require minimal agency investment but carry significant reputational risk for companies.

Looking ahead, expect some FDA attention to claims made on TikTok, as well as continued scrutiny by plaintiff attorneys of marketing language such as “all-natural,” “Made in USA,” “no artificial flavors,” and “clinically proven.” These terms often attract litigation, particularly when featured on packaging.

Also, 2026 will be the year of AI, and I expect to see enforcement of companies claiming their products are “AI powered” when they are not, and also lots of “AI disease-claim slop” which can lead to regulatory issues.