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  1. #1
    Join Date
    Sep 2019
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    3

    Default Can I Give Away Free Samples of the Supplement My Business is Making

    My question involves business law in the state of: Nevada

    I'm in the process of creating a new supplement, and would like to give away free samples online, to potential retailers, and if possible to random people as part of a marketing campaign in tourist areas (Like on the Las Vegas strip).

    My question is, am I allowed to just hand out samples of a dietary supplement? I would imagine there's some sort of restrictions keeping people from being able to do so, but from my research the FDA doesn't regulate supplements. I don't know who to contact to see if there's anything I would have to do to ensure it's legal, could anyone please point me in the right direction?

    Can I really just hand out pills to people, and if not what do I need to do to make sure I'm complying with any legal requirements in providing samples? Is it just a matter of making sure it's in a sealed container? Is there someone who I have to check with to make sure it's safe? Thanks in advance for any help.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,149

    Default Re: Can I Give Away Free Samples of the Supplement My Business is Making

    Your initial premise is INCORRECT. The FDA very much regulates supplements, it's just that they're held to different rules than DRUGS. You'd better make sure your packaging and any claims you intend to make are consistent with what the FDA allows for supplements.

  3. #3
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Can I Give Away Free Samples of the Supplement My Business is Making

    When I said that they don't regulate supplements, I mean there is no registration process or approval needed before putting a new supplement on the market. I'm aware that I can't claim it treats, cures, or prevents any disease and that I can't make certain claims.

    I just wanted to know if I'm allowed to give away samples? I imagine someone may have an issue with people handing out pills on the street, but I can't find anything about if there's anything stopping me from doing so, or if there's anything I need to do to get permission.

    I may just contact the business licensing department of my city, but I wanted to see from a legal perspective if there's anything I need to consider.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,149

    Default Re: Can I Give Away Free Samples of the Supplement My Business is Making

    It's not so much what you are intending to give away, but the Vegas muni code requires you to obtain a license to do that (and pay a bond, and possibly be subject to other restrictions).

    But you're still incomplete in your apparent understanding of the regulations on supplements. First, if there is any "new" ingredient in your supplement, you need to submit it to the FDA. While it's not an "approval" per se, you have to give them time to object. Second, there is very much more to the labeling rules than just disclaiming therapeutic actions. You'd best research (or have someone competent do so) your packing before giving it out. You can't just distribute naked pills or things in non-compliant packaging.

  5. #5
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Can I Give Away Free Samples of the Supplement My Business is Making

    I understand what is necessary regarding packaging, labelling, etc. I wasn't elaborating on those points because my question was just regarding the specific point of handing out samples, not the process of creating a supplement. The ingredients in my supplement are FDA approved already, so that won't be an issue.

    Sorry if it came across that I was planning to distribute loose pills, that wasn't the case. I just meant that I was unsure if I needed to do something before handing out samples in public, just as someone providing food to the public would need a food handler's license first.

    I will contact the business licensing department locally and see what they need me to obtain beyond the business license I have already.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,149

    Default Re: Can I Give Away Free Samples of the Supplement My Business is Making

    It's the peddler's license you need.

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