•  
  •  
 

Journal of Intellectual Property Law

Abstract

Available in the form of pills, powders, gummies, bars, and countless other options, dietary supplements have become a cornerstone of the health and wellness industry and a popular product amongst health-conscious consumers. Fueled by the rise of social media influencers and a surge in health-awareness following the COVID-19 pandemic, the supplement industry has experienced rapid growth, evolving into a multi-billion-dollar market.  While widely embraced, these products often face criticism due to labeling and marketing practices that leave  consumers with an incomplete understanding of exactly they are consuming.  This tension arises from the unique legal intersection governing dietary supplements.  These products are regulated by both intellectual property (“IP”) law, which protect proprietary blends and trade secrets, and the Food and Drug Administration’s (“FDA”) and Federal Trade Commission’s (“FTC”) regulatory frameworks, which prioritize transparency and consumer protection.  These competing forces create a dynamic legal landscape where IP law acts to shield proprietary formulas from public knowledge, as a means of promoting innovation, while the FDA and FTC require accurate, informative, and honest labeling and marketing. This Note examines the inherent tensions between these two seemingly opposed legal regimes and explores the delicate balance required to reconcile them.  This Note will also consider possible solutions that address the needs of both producers and consumers, ultimately asking whether it is possible to achieve the perfect “blend” of secrecy and transparency in the dietary supplement industry.

Download

Share

COinS