Words to Avoid in Herbal Marketing Copy

If you own an herbal business, then you know how important it is to share your services and products online. Although herbalism may appear similar to modern medicinal practices, there are certain words you need to avoid in your herbal marketing copy for legal reasons. So which words are they, and what can you say instead?

Words to Avoid + Easy Swaps

An herbalist is someone who offers plant information and/or preparations for educational and therapeutic purposes. In herbalism, product makers and service providers are legally prohibited from using specific marketing copy that implies the herbs or formulas diagnose, treat, cure, or prevent any diseases. Below is a list of words we avoid when writing herbal marketing copy and a list of appropriate and expressive words we opt for instead.

While this list may seem petty, both the herbal community and the United States (US) government have valid and valuable reasons why these copy distinctions exist.

Herbal Marketing Copy Regulations 

In the US, herbs are considered “dietary supplements” under the Dietary Supplement Health and Education Act of 1994 (DSHEA), which means they fall “in-between” the drug and food category. Along with this categorization, there’s no medically-recognized state or federal licensing available for herbalists in the US, so herbalists are legally prohibited from practicing medicine. 

Under this legislation, and since herbs are not legally considered medicinal pharmaceuticals (drugs), the US Food & Drug Administration (FDA) and Federal Trade Commission (FTC) consider any medical claim (including those made via herbal marketing copy) a federal violation.

Disease Claim 

One of the most frequently made medical claims is called a “disease claim.” A disease claim implies that the herbal product or service will “diagnose, cure, mitigate, treat, or prevent disease.” If you want to make a disease claim, then you need to have a medical license and prior approval by the FDA, and the product needs to fall under the category of a “drug product.”  

In herbal marketing copy, it is prohibited to mention specific diseases or disease states, like diabetes, arthritis, eczema, migraines, and anything else that would be considered an ongoing health issue that requires medical attention.

Structure/Function Claim            

Another claim we see misused in the herbal industry is a “structure/function claim.” This type of claim “describe[s] the role of a nutrient or dietary ingredient intended to affect the normal structure or function of the human body.” If this type of claim is used to describe disease management, it will be flagged. 

For example, “St. Johns wort helps ease depression” is a structure/function claim because it suggests the herb (St Johns wort) affects a specific disease (depression). The FDA/FTC requires “competent and reliable scientific evidence” for this type of structure/function claim to be valid. 

Although disease-specific claims are prohibited, herbal products and services can use herbal marketing copy that evades such a claim. For example, “St Johns wort supports a balanced mood” is permissible by the FDA/FTC because it describes a health state (balanced mood) rather than a disease state (depression) and uses proper, compliant language. However, these structure/function claims still need to be supported by scientific evidence to be approved. If a company or service uses this type of herbal marketing copy, the FDA can ask for proof within (30) days of marketing the herbal product or service.  It’s very rare for this to happen, but the FDA/FTC are currently targeting CBD brands more often than any other type of herbal product.

Here are some examples of easy swaps that you can make in your herbal marketing copy to better protect yourself legally.  

• Cinnamon reduces diabetes symptoms. → Cinnamon supports healthy blood sugar levels. 

• Feverfew cures chronic migraines. → Feverfew soothes occasional headaches. 

• Avoid saying terms like “serious” and “chronic” — which are easily associated with disease states — and opt for words like “seasonal” and “occasional” instead. 

• Plantain oil can heal ezcema . → Plantain oil is often used to nourish and replenish even the most sensitive skin.  

Where to Apply Compliant Herbal Marketing Copy

Due to the convenience of the internet, there are now a wide range of platforms that are considered “stages” for marketing copy. While some of these platforms, like websites and email, are apparent contenders, some of them, like all social media accounts (Instagram, LinkedIn, Pinterest, YouTube, etc.), may not be on your radar. Applying these compliance regulations to all platforms and marketing contexts is essential. Any and all customer-facing, public copy that your brand shares, needs to be compliant. 

Included in this list is: 

• Website Copy

• Blog Posts

• Newsletters

• Product Descriptions (on and offline)

• Product Labels 

• Social Media Accounts (includes old posts/accounts & hashtags)  

• Ebooks/Guides

• Product Reviews/Testimonials

• Legal Documents

• Any Physical Document (handouts, brochures, signs, etc.) 

Another vital factor to remember is that no company/brand size is exempt from these regulations. Any non-compliant herbal copy will first trigger a warning letter from the FDA/FTC, and they’ll follow up with the appropriate penalty if the issue persists.

Suppose you’re sharing herbal information in an educational setting, and the event is mutually exclusive from a product or brand. In that case, you are legally free to discuss herbs' historical use and therapeutics. As always, proceed with caution and be conscious about lawfully protecting yourself and your rights.  

Writing Herbal Marketing Copy

With all the legalities behind herbalism, writing herbal marketing copy may feel intimidating, but with the proper training and repetition, it can become second nature. If you’re part of a marketing agency that works with herbal or botanical brands, we recommend implementing or suggesting training for the whole team. This is a fun and productive way to get everybody on the same page and avoid non-compliant marketing copy.

If you’re an herbalist, communication is the best policy! Whether you’re a practitioner or at-home folk herbalist, sharing clear and concise disclaimers (in written and oral form) with customers or clients will help you avoid non-compliance violations. We often add disclaimers to our client’s copy, especially product descriptions.

If you choose to outsource your marketing, then connecting with an experienced herbal marketing agency is one of the best ways to ensure you’ll receive compliant and eloquent marketing copy. 

To enlist our help, you can visit our Services page to check our packages and prices, or schedule a free Discovery Call.

In Closing, 

While it’s easy to get caught up in the legal logistics, it’s important to remember that the world of herbalism has its own profoundly expressive copy that matches the essence of this ancient practice. We think the revered online herbal school, Herbal Academy, says it perfectly - “Words that belong to doctors are words that are concerned with disease and medicine…Words that belong to herbalists are words that are concerned with health and with plants.” 

It’s simply a matter of educating, applying, and remembering to use marketing copy that’s harmonious with the energy of herbs.    

If you’re interested in learning more about compliant herbal language or herbal legislation, you can check out information and videos by respected clinical herbalist, Asa Waldstein, who has been a wonderful mentor to us over the years. You can also head over to the American Herbalist Guild website for legal and regulatory FAQs.