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Supplement marketing rules in Texas
What you can claim, how you can pay for referrals, and where Texas diverges from the federal floor. Derived from the live ruleset library.
Yes. Texas has its own supplement marketing law, and Pre-Trip carries it as a live rule set, with every rule traced back to the section of law it comes from, checked 2026-08-04. On top of the federal rules that apply everywhere (the FTC Act, the TCPA, CAN-SPAM), Texas adds 2 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
Tex. Health & Safety Code 431.182, False Advertisement, in the Texas Food, Drug, and Cosmetic Act. Subsection (a) deems an advertisement of a food false if it is false or misleading in any particular.
Every Texas scan also runs the always-on federal layer: FTC deceptive health claims and endorsements, TCPA consent and revocation in calls and texts. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types Texas law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskClaims that a food or dietary supplement treats, cures, prevents or mitigates a named disease.
A dietary supplement is a food, and a claim that it treats, cures or prevents a disease is a drug claim the product is not approved to make, so the advertisement is misleading in a particular that matters to a reader deciding whether to rely on it instead of care. Tex. Health & Safety Code 431.182(a) deems such an advertisement false.
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High riskA health claim linking a food or supplement to a disease or health-related condition that is not an FDA authorized health claim.
Tex. Health & Safety Code 431.182(b) deems the advertising of a food that incorporates a health claim not in conformance with or defined by Section 403(r) of the federal Act to be false or misleading. A risk-reduction claim linking a supplement to a named disease is a health claim, and only the claims the FDA has authorized conform, so an unauthorized one is false as a matter of Texas law rather than only a federal labeling issue.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Our turmeric capsules treat arthritis and reverse inflammation.
A claim to treat or reverse a disease turns a supplement into an unapproved drug claim, which is the line DSHEA draws and the FTC Act reaches as a deceptive health claim.
Disease and cure claims · Tex. Health & Safety Code 431.182(a) (false advertisement of a food)
Curcumin is being studied for its role in joint comfort. This statement has not been evaluated by the FDA.
A structure and function claim with the required disclaimer, rather than a disease claim.
Texas and federal sources
- Tex. Health & Safety Code 431.182(a) (false advertisement of a food) primary
- Tex. Health & Safety Code 431.183 (advertising of foods for special dietary use) primary
- 15 U.S.C. 45 (FTC Act Section 5, official code viewer) primary
- 15 U.S.C. 52 (FTC Act Section 12, false advertisements, official code viewer) primary
- FTC Health Products Compliance Guidance (Dec. 2022) primary
- 16 CFR Part 255 Endorsement Guides, 2023 revision (Cornell LII mirror; ecfr.gov bot-blocked at authoring)
- 16 CFR 255.2 Consumer endorsements (Cornell LII mirror)
- 16 CFR 255.5 Disclosure of material connections (Cornell LII mirror)
- 16 CFR 251.1 Guide concerning use of the word Free (Cornell LII mirror)
- FTC's Endorsement Guides: What People Are Asking (FAQ) primary
- 47 CFR 64.1200, Delivery restrictions (current rule text) primary
- 47 U.S.C. 227, Telephone Consumer Protection Act primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Texas reflects the library as of the build and changes as the law does.