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Guide

Prohibited Products Policy: Dietary supplements

Last updated on {publishedDate}

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Overview
What is the policy?
Policy basics
Frequently asked questions

Overview

Products subject to our policy on Dietary Supplements must also adhere to other Prohibited Products Policies including our policy on Drugs & Drug Paraphernalia or Walmart will automatically unpublish your item.

What is the policy?

Dietary supplements may be sold on Walmart Marketplace if they comply with the Federal, Food, Drug, and Cosmetic Act (FD&C Act) and FDA regulations and guidance regarding dietary supplements, state and local laws and regulations, and relevant laws and guidance implemented by the FTC.

Walmart prohibits the sale of unsafe dietary supplements or dietary supplements containing dietary ingredients that do not meet FDA requirements. The policy below sets out all ways a dietary supplement or ingredient may be considered unsafe, which will be determined by a federal or state agency (e.g., FDA). Walmart also has the discretion to determine that certain dietary supplements or dietary ingredients are not safe for consumers generally or for a specific subpopulation of consumers.

Any product that purports to be a Dietary Supplement but that implicitly or explicitly claims, in labels, labeling or advertising, to diagnose, cure, mitigate, treat, or prevent diseases, illnesses, ailments, infections, or viruses is prohibited from sale on Walmart Marketplace. These products are considered by FDA to be unapproved drugs and therefore can't be sold.

Additional information

Dietary supplements are regulated by the U.S. Food and Drug Administration (FDA). FDA regulates the types of ingredients allowed in dietary supplements and the types of claims that can be made about an ingredient and/or a product. 

While dietary supplements are not formally “approved" by FDA in the same way that some drugs are, to be legally marketed in the U.S. the dietary ingredient in a dietary supplement must either have been marketed as a dietary ingredient in the U.S. before October 15, 1994, be generally recognized as safe by FDA, been submitted to FDA as a “new dietary ingredient," or be marketed pursuant to an approved food additive petition. 

Dietary supplements also must meet specific labeling requirements. Dietary Supplement labeling must contain the following elements: 

the statement of identity (name of the dietary supplement), 
the net quantity of contents statement (amount of the dietary supplement), 
the nutrition labeling, 
the ingredient list, and 
the name and place of business of the manufacturer, packer, or distributor.

FDA also requires that dietary supplements be manufactured in accordance with FDA’s rules on Current Good Manufacturing Practices (CGMPs). CGMPs set quality requirements and standards for the manufacturing, packaging, labeling, and storing of dietary supplement products. 

Health-related advertising claims about dietary supplements, which include claims in the website product description, are regulated primarily by the Federal Trade Commission (FTC). Statements made about dietary supplements must be truthful and not misleading and must have adequate substantiation by competent and reliable scientific evidence. FTC’s Health Products Compliance Guidance is a helpful tool for figuring out what kinds of claims and substantiation are appropriate for dietary supplements. In addition, claims about dietary supplements must be limited to the role the dietary ingredient plays in affecting the structure or function of the body, maintaining that structure or function, or general well-being. FDA requires that structure/function claims be accompanied by the disclaimer: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." An example of a structure/function claim is: "melatonin will help you get to sleep."

Policy basics

Prohibited	Allowed with Restriction	Allowed
Dietary Supplements identified by the FDA as containing unlawful ingredients (e.g., controlled substances). See also “prohibited supplements” section below. Dietary Supplements or dietary ingredients named in an FDA recall or safety alert Dietary Supplements specifically identified in FDA Warning Letters Dietary Supplements that do not comply with the FD&C Act and FDA’s implementing guidance and regulations, including those that are deemed by FDA to be adulterated or misbranded Dietary Supplements that bear claims that the FTC has alleged or demonstrated to be false, misleading, or unsubstantiated Dietary Supplements that implicitly or explicitly claim in labels, labeling or advertising to diagnose, cure, mitigate, treat, or prevent diseases, illnesses, ailments, infections, or viruses Dietary Supplements that contain an ingredient that is the same as an active ingredient in an FDA-regulated OTC or prescription drug product Dietary Supplements that contain any controlled substances, “listed chemicals” or other byproducts as determined by the Drug Enforcement Administration (DEA) under the Controlled Substances Act Dietary Supplements that are not packaged, labeled, or intended for retail sale in the U.S. Dietary Supplements that contain ingredients from prohibited or protected/restricted animals/mammals (e.g., sharks, whales, dolphins, porpoises, etc.) and/or that contain animal parts (e.g., antler velvet, shark fin, bear bile, etc.) Dietary Supplements that contain illegal/restricted plants, plant products, or seeds as determined by federal, state, or local government Dietary Supplements that are expired Dietary Supplements that are not in tamper-evident packaging Dietary Supplements that are in unsealed and/or opened product packaging Dietary Supplements that have been repackaged Dietary Supplements containing hemp derivatives, CBD, THC, or other cannabinoids, natural or synthetic Dietary Supplements that are time/temperature sensitive (TTS) (e.g. require refrigeration), such as liquid vitamins and probiotics Examples of prohibited supplements include but not limited to: Pure and Highly Concentrated Caffeine HCG Diet Supplement 3 Hard Knights Fuel Up Plus Miracle Diet 30 One Weight Loss Pill Rhino Sunscreen Pills Donkey Hide Gelatin Deer Antler Velvet (including other Cervidae such as Elk, Moose, Reindeer) Shark Cartilage/Liver Oil Ingredients derived from Marine Mammals (e.g., Dolphins, Porpoises, Whales) Other Prohibited Products: Pill/Tablet press machines Homeopathic drugs marketed as a dietary supplement All products that are prohibited for sale under Walmart’s prohibited product policies on medical devices and drugs and drug paraphernalia	Dietary supplement ingredients with FDA established minimum/maximum dosage/quantities shall be strictly adhered to. For example: Dietary Supplements containing an amount equal to or less than 2.2% Iodine are allowed. Any higher concentration is prohibited Dietary Supplements containing yohimbine in an amount 4mg per serving or less is allowed. Any higher concentration is prohibited	Dietary Supplements must: contain dietary ingredients that were already marketed as a dietary ingredient in the U.S. before October 15, 1994, or contain new dietary ingredients that are the subject of a New Dietary Ingredient notification to FDA or otherwise generally recognized as safe (e.g., vitamins, minerals, enzymes) be labeled in compliance with all relevant U.S. regulations and guidance have labels, labeling or advertising bearing acceptable Statements of Nutritional Support (e.g., “structure/function” claims or general well-being claims) and no improper product claims (e.g., “drug claims") have labels, labeling and advertising bearing claims that are truthful, non-misleading and for which adequate substantiation exists under the requirements established by the FDA and the FTC have labels, labeling or advertising bearing appropriate warnings and disclosure information for the consumer

Prohibited

Allowed with Restriction

Allowed

Dietary Supplements identified by the FDA as containing unlawful ingredients (e.g., controlled substances). See also “prohibited supplements” section below.

Dietary Supplements or dietary ingredients named in an FDA recall or safety alert
Dietary Supplements specifically identified in FDA Warning Letters
Dietary Supplements that do not comply with the FD&C Act and FDA’s implementing guidance and regulations, including those that are deemed by FDA to be adulterated or misbranded
Dietary Supplements that bear claims that the FTC has alleged or demonstrated to be false, misleading, or unsubstantiated
Dietary Supplements that implicitly or explicitly claim in labels, labeling or advertising to diagnose, cure, mitigate, treat, or prevent diseases, illnesses, ailments, infections, or viruses
Dietary Supplements that contain an ingredient that is the same as an active ingredient in an FDA-regulated OTC or prescription drug product
Dietary Supplements that contain any controlled substances, “listed chemicals” or other byproducts as determined by the Drug Enforcement Administration (DEA) under the Controlled Substances Act
Dietary Supplements that are not packaged, labeled, or intended for retail sale in the U.S.
Dietary Supplements that contain ingredients from prohibited or protected/restricted animals/mammals (e.g., sharks, whales, dolphins, porpoises, etc.) and/or that contain animal parts (e.g., antler velvet, shark fin, bear bile, etc.)
Dietary Supplements that contain illegal/restricted plants, plant products, or seeds as determined by federal, state, or local government
Dietary Supplements that are expired
Dietary Supplements that are not in tamper-evident packaging
Dietary Supplements that are in unsealed and/or opened product packaging
Dietary Supplements that have been repackaged
Dietary Supplements containing hemp derivatives, CBD, THC, or other cannabinoids, natural or synthetic
Dietary Supplements that are time/temperature sensitive (TTS) (e.g. require refrigeration), such as liquid vitamins and probiotics
Examples of prohibited supplements include but not limited to:
- Pure and Highly Concentrated Caffeine
- HCG Diet Supplement
- 3 Hard Knights
- Fuel Up Plus
- Miracle Diet 30
- One Weight Loss Pill
- Rhino
- Sunscreen Pills
- Donkey Hide Gelatin
- Deer Antler Velvet (including other Cervidae such as Elk, Moose, Reindeer)
- Shark Cartilage/Liver Oil
- Ingredients derived from Marine Mammals (e.g., Dolphins, Porpoises, Whales)

Other Prohibited Products:
- Pill/Tablet press machines
- Homeopathic drugs marketed as a dietary supplement
- All products that are prohibited for sale under Walmart’s prohibited product policies on medical devices and drugs and drug paraphernalia

Dietary supplement ingredients with FDA established minimum/maximum dosage/quantities shall be strictly adhered to. For example:

Dietary Supplements containing an amount equal to or less than 2.2% Iodine are allowed. Any higher concentration is prohibited
Dietary Supplements containing yohimbine in an amount 4mg per serving or less is allowed. Any higher concentration is prohibited

Dietary Supplements must:

contain dietary ingredients that were already marketed as a dietary ingredient in the U.S. before October 15, 1994, or contain new dietary ingredients that are the subject of a New Dietary Ingredient notification to FDA or otherwise generally recognized as safe (e.g., vitamins, minerals, enzymes)
be labeled in compliance with all relevant U.S. regulations and guidance
have labels, labeling or advertising bearing acceptable Statements of Nutritional Support (e.g., “structure/function” claims or general well-being claims) and no improper product claims (e.g., “drug claims")
have labels, labeling and advertising bearing claims that are truthful, non-misleading and for which adequate substantiation exists under the requirements established by the FDA and the FTC
have labels, labeling or advertising bearing appropriate warnings and disclosure information for the consumer

Notes

The information found within this policy and the related hyperlinks is for general informational purposes only and is not considered legal advice. This policy may contain links to third party content, which Walmart does not warrant, endorse, or assume liability for and your reliance on such content is solely at your own discretion.

Frequently asked questions

What is a dietary supplement?

A dietary supplement is a product that contains a "dietary ingredient" - vitamins; minerals; herbs or other botanicals; amino acids; and other substances such as probiotics, enzymes, extracts, or concentrates – that is generally derived from food and intended to supplement the human diet. Dietary supplements must be ingested. They are not topical, injectable, inhaled, sublingual, and/or intended to be absorbed through the skin or mucosal membranes. Dietary supplements usually come in the form of tablets, capsules, soft gels, gel caps, liquids, or powders.

Dietary supplements should not be confused with OTC drugs. Any product claiming to be a dietary supplement containing a drug that is regulated by FDA or a substance that does not meet the requirements to be considered a “new dietary ingredient" would be considered an unapproved new drug and not appropriate for sale.