Homeopathy and the Federal Trade Commission: Policies for the 21st Century

by Diane M. Miller JD

Homeopathy is an energy medicine giant that is key to the health awakenings of the 21st Century. Current laws and public policy will have to be evaluated and designed with homeopathy’s impact in mind.

Homeopathic remedies are currently in a cross-fire between two federal agencies, the FDA and the FTC, because health claims on homeopathic products bring up the direct overlap of current legal jurisdiction between these two federal agencies. The overlap is based on this: The FDA regulates the labeling of all food and drug products. Homeopathic remedies are considered drugs and thus their labeling is under the jurisdiction of the FDA. The FTC regulates advertising or labeling of products in commerce and prohibits unfair or deceptive acts in commerce. Homeopathic manufacturers advertise their products thus are under the jurisdiction of the FTC.