For supplement companies, an old post is never really old: in this three-part series, we look at what happens when content long forgotten by its publisher lands on an FDA investigator's desk, beginning with how far back the agency is willing to look.
Michael Goodman and Airina Rodrigues, attorneys at Brownstein Hyatt Farber Schreck, report.
FDA is citing historical content across all media formats
On 5 June 2026, FDA issued a warning letter to Mineral BioSciences following a cGMP facility inspection and a review of the company’s online and social media promotional materials.
FDA identified testimonial claims for two products — Totala Fulvic Ionic Mineral Complex and Ionicell — that FDA determined constitute disease claims under section 201(g)(1)(B).
The cited Instagram posts described consumers who have “noticed not only a drop in his blood pressure, but less pain in his joints” and “noticed a drop in her daily glucose levels and fasting glucose levels.”
These posts were dated 23 February 2018 and 6 February 2018, respectively — more than 8 years before the warning letter was issued.
The Mineral BioSciences warning letter should be a reminder that there’s no unspoken safe harbour for “old” promotional materials.
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