Selling health products on online marketplaces

A practice that already sells a house-brand supplement or skincare line on its own website often looks next at the large online marketplaces. A health company may start there. Selling through a third-party platform adds three sets of rules on top of the ones that already apply to the product: a federal law that makes marketplaces collect, verify and show information about larger sellers, the federal rules on what a supplement listing may say, and the FTC rule on consumer reviews, which reaches the review tactics that marketplace sellers are often pitched.

This guide reads those rules for practices and health companies that sell, or plan to sell, health products as third-party sellers on online marketplaces. It does not cover a marketplace’s own policies, which change often and differ by platform, and it names no platform. Related guides: private-label supplements and skincare, free samples and trial offers and replying to patient reviews.

This is general information, not legal advice. Sources cited were checked on November 1, 2026: 15 USC 45f (the INFORM Consumers Act), 15 USC 45(m)(1)(A) in the Cornell LII text of the U.S. Code; 16 CFR part 465, 16 CFR part 255, 16 CFR 1.98 and 21 CFR 101.93 in the eCFR version up to date as of October 29, 2026. We did not read any marketplace’s seller terms, FTC enforcement cases or state laws for this guide. Check the current text before relying on it.

The short version

Larger sellers must give the marketplace their details. A high-volume third party seller (200 or more sales and $5,000 or more in gross revenue in any continuous 12 months during the previous 24) must provide bank, contact, tax ID, email and phone information within 10 days of qualifying (15 USC 45f(a)(1)(A), (f)(3)).
Sellers at $20,000 or more are shown to buyers. The marketplace must disclose the seller’s name, physical address and contact information on the listing or in the order confirmation (45f(b)(1)), with limited exceptions for a residential address or personal phone (45f(b)(2)).
The duty sits with the marketplace, the consequence with you. The FTC and state attorneys general enforce the law against marketplaces (45f(c), (d)); a seller who does not provide or certify the information has its future sales suspended after notice (45f(a)(1)(C), (b)(4)).
Supplement listing claims follow the label rules. A structure/function statement needs the FDA disclaimer (21 CFR 101.93(c)), and a statement that meets the disease claim criteria in 101.93(g), including through a product name or pictures, makes the product subject to regulation as a drug (101.93(f)).
No paying for positive reviews. 16 CFR 465.4 bars compensation or incentives conditioned on reviews expressing a particular sentiment; 465.2 and 465.5 cover fake and insider reviews.
Free product to reviewers is a material connection. Under the Endorsement Guides, free or discounted products to an endorser can be a material connection that must be disclosed clearly and conspicuously (16 CFR 255.5(a)).

Who the INFORM Consumers Act covers

15 USC 45f, enacted as the INFORM Consumers Act, applies to an “online marketplace”: a consumer-directed electronic platform that lets third party sellers sell, pay for, store, ship or deliver consumer products in the United States, is used by third party sellers for that, and has a contractual relationship with consumers governing their purchases (45f(f)(4)). A practice’s own online store is not an online marketplace under that definition, because it has no third party sellers.

A “third party seller” is a seller independent of the marketplace (45f(f)(6)(A)). A “high-volume third party seller” is one that, in any continuous 12-month period during the previous 24 months, made 200 or more discrete sales of new or unused consumer products and $5,000 or more in gross revenue, counting only sales made through that marketplace with payment processed by it (45f(f)(3)). “Consumer product” takes its meaning from 15 USC 2301 and 16 CFR 700.1 (45f(f)(2)). A practice selling a few dozen units a year on a marketplace stays below the line. 200 sales a year is fewer than one a day, so a steady product line can cross it, as long as the $5,000 revenue test is also met.

What the marketplace must collect from you

Within 10 days after a seller qualifies as high-volume, the marketplace must require it to provide (45f(a)(1)(A)):

A bank account number, or the payee name if the seller has no bank account. It may go to the marketplace or to a payment processor the marketplace can obtain it from within 3 business days.
For an individual seller, the individual’s name. For a business, either a valid government-issued ID for an individual acting for the business, or a valid government-issued record or tax document with the business name and physical address.
A business tax identification number, or a taxpayer identification number if the seller has no business tax ID.
A current working email address and phone number.

The marketplace must verify the information within 10 days of collecting it, and verify changes within 10 days of being told about them (45f(a)(2)(A)). At least once a year it must remind sellers to keep the information current and require them to certify, within 10 days, that they have reported changes or that nothing changed (45f(a)(1)(B)). If a seller does not provide the information or certification, the marketplace must give notice and 10 days to comply, then suspend future sales until it does (45f(a)(1)(C)). Information collected only for this purpose may not be used for anything else unless law requires it, and the marketplace must keep it reasonably secure (45f(a)(3), (4)).

For a practice, the practical point is whose details go in. If the products are sold by the practice entity, use the entity’s tax document and a business address and phone that someone answers. If a separate product company sells them, use that company’s details, so the practice and the product business stay distinct in the marketplace’s records and on the listing.

What buyers will see about you

For a high-volume seller with $20,000 or more in annual gross revenue on the marketplace, the marketplace must collect and disclose to consumers, clearly and conspicuously, on the product listing page (a hyperlink is allowed) or in the order confirmation and the account’s transaction history (45f(b)(1)(A)):

The seller’s full name, which may be the company name or the name it operates under on the marketplace.
The seller’s physical address.
Contact information that allows direct, unhindered communication: a current working phone number, a current working email address, or other direct electronic messaging, which the marketplace may provide and monitor for fraud, abuse or spam.
Whether a different seller supplied the product, and that seller’s identity on request of an authenticated purchaser (45f(b)(1)(B)(ii)).

Partial disclosure is allowed on the seller’s request in limited cases (45f(b)(2)(A)). A seller that certifies it has only a residential address, or a combined business and residential address, may have only its country and state shown, with a note that inquiries go by phone, email or messaging. A business with a physical address for returns may have that address shown. A seller with only a personal phone number may have the phone omitted, with consumers pointed to email or messaging. The exception ends, after notice and 10 days to respond, if the seller made a false certification or does not answer consumer inquiries within a reasonable time (45f(b)(2)(B)).

This matters for a small practice whose owner runs the product line from home: the law gives a way to keep a home address off the listing, but only on a truthful certification and only while the seller answers buyers. The marketplace must also show, on each high-volume seller’s listing, a way to report suspicious marketplace activity by electronic means and by phone (45f(b)(3)).

Who enforces it

A violation of subsections (a) or (b) by an online marketplace is treated as a violation of an FTC rule on unfair or deceptive acts or practices, enforced by the FTC with its usual powers and penalties (45f(c)(1), (2)). State attorneys general and other authorized state officers may sue a marketplace in federal court for injunctions, civil penalties and damages for state residents (45f(d)). The statute places these duties on the marketplace. For the seller, the enforcement it will meet is suspension of sales under 45f(a)(1)(C) and (b)(4). Anything a seller says on its listing is still subject to the FTC Act’s ban on deceptive acts and practices in 15 USC 45(a).

Listing claims for supplements

Marketplace listings give sellers a title, bullet points, a description and images. For a dietary supplement, write that copy the way you would write the label. 21 CFR 101.93 sets the rules for structure/function statements made under section 403(r)(6) of the Federal Food, Drug, and Cosmetic Act:

What is allowed. Statements describing the role of a nutrient or dietary ingredient intended to affect the structure or function of the body, or the documented mechanism by which it maintains that structure or function, provided they are not disease claims (101.93(f)).
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.” A plural version covers more than one statement (101.93(c)).
Placement. Adjacent to the statement, or linked to it with a symbol such as an asterisk; on labels and in labeling such as pamphlets and catalogs, on each panel or page where a statement appears, and boxed when not adjacent (101.93(d)), in bold type no smaller than one-sixteenth inch (101.93(e)).
Notification. The manufacturer, packer or distributor must notify FDA within 30 days after first marketing a supplement that bears such a statement, and certify that it has substantiation that the statement is truthful and not misleading (101.93(a)).

The rule on disease claims is where marketplace copy most often goes wrong, because listing titles and images are written for search. Under 101.93(g)(2), a statement is a disease claim if it claims, explicitly or implicitly, that the product has an effect on a specific disease or its characteristic signs or symptoms, including through:

The name of the product (101.93(g)(2)(iv)(A)). A product title stuffed with condition names for search is part of the product’s name as the buyer sees it, and is worth reviewing on this point with counsel.
Citation of a publication that refers to a disease use, where the context implies treatment or prevention (101.93(g)(2)(iv)(C)).
Pictures, vignettes or symbols (101.93(g)(2)(iv)(E)), such as an image of a heart monitor or an inflamed joint.
Claiming the product is a substitute for a disease therapy, or augments a drug’s action (101.93(g)(2)(vi), (vii)).

If a supplement’s labeling bears a disease claim that is not an authorized health claim, the product will be subject to regulation as a drug (101.93(f)). A practice’s name, a physician’s photo or the word “doctor” in the listing raise separate claim questions; our guide to clinically proven and doctor-recommended claims covers them, and selling supplements in a medical practice covers the professional questions about selling at all.

Reviews on marketplace listings

Reviews drive marketplace sales, and sellers are pitched services to get more of them. The FTC’s Rule on the Use of Consumer Reviews and Testimonials, 16 CFR part 465, was published on August 22, 2024 (89 FR 68077) and applies to any business that sells products or services (465.1(a)). For a seller on a marketplace, these provisions matter most:

No incentives for a particular sentiment. A business may not provide compensation or other incentives in exchange for, or conditioned on, reviews expressing a particular sentiment, positive or negative (465.4). “Purchase a consumer review” includes giving money, products, discounts, coupons, contest entries or another review in exchange for one (465.1(m)).
No fake reviews. A business may not write, create or sell a review that misrepresents that the reviewer exists, used the product, or had the experience described (465.2(a)), or buy one it knew or should have known did so (465.2(b)).
Staff and family reviews. A business may not procure reviews from its officers, managers, employees or agents, or their immediate relatives, for a third-party platform when it knew or should have known the review misrepresented the reviewer’s experience (465.2(c)). An officer or manager who writes a review must disclose the relationship clearly and conspicuously (465.5(a)), and officers and managers who ask employees or relatives for reviews must instruct them to disclose the relationship (465.5(c)).
Generalized requests are fine. Asking purchasers in general to post reviews about their experience falls outside 465.2(b) and (c) and 465.5(b) and (c) (465.2(d), 465.5(b)(2), (c)(2)). A package insert that asks every buyer for an honest review is a generalized solicitation; one that offers a gift card for a five-star review is not.
No suppression by threat. Using an unfounded legal threat, a physical threat, intimidation or a knowingly false public accusation to stop or remove a review is a violation (465.7(a)).
No fake followers or likes. Buying fake indicators of social media influence to misrepresent influence for a commercial purpose is a violation (465.8(b)).

The Endorsement Guides, 16 CFR part 255, add three points. Advertisers should not take actions in procuring, suppressing, boosting, organizing or editing reviews that distort what consumers think of their products (255.2(d)). Free or discounted products given to an endorser can be a material connection that must be disclosed clearly and conspicuously when the audience would not expect it (255.5(a)), so sending free product to people who then review it calls for a disclosure. And consumer endorsements are not competent and reliable scientific evidence (255.2(a)): a listing that quotes reviews saying a supplement fixed someone’s joint pain makes that claim for the seller, and the seller needs substantiation for it.

Reviewers may also be your patients. Replying to a marketplace review in a way that confirms someone is a patient raises the HIPAA questions covered in our guide to HIPAA and negative review replies.

Penalties

Part 465 is a trade regulation rule issued under 15 USC 57a. Under 15 USC 45(m)(1)(A), the FTC can seek civil penalties against anyone who violates such a rule with actual knowledge, or knowledge fairly implied from objective circumstances, that the act is unfair or deceptive and prohibited by the rule. The statute sets a civil penalty of not more than $10,000 for each violation. That amount is adjusted for inflation, and 16 CFR 1.98(d) lists the adjusted maximum as $53,088 per violation for penalties assessed after January 17, 2025. We do not give figures on how often the FTC has used part 465 against health product sellers, because we did not read a source for them.

An illustration

This is a made-up example, not a client. A chiropractic group with a product company it owns sells a magnesium supplement and a topical cream on a large marketplace. Sales pass 200 orders in a year. The listing title reads “Magnesium for Sleep, Cramps, Restless Legs and Anxiety”, the main image shows a person clutching a calf, and each order ships with a card offering a $10 gift card for a five-star review. The seller account was opened with the owner’s home address.

The fix: the product company completes the marketplace’s information request with its own tax document, business phone and email, and certifies the information each year. Its warehouse return address is shown instead of the owner’s home under 45f(b)(2)(A)(ii). The title drops the condition names, the calf image is replaced with a product shot, and each structure/function statement gets the asterisked FDA disclaimer, after the manufacturer confirms it has filed the 101.93(a) notification. The insert card is reprinted to ask every buyer for an honest review with no reward, which avoids 465.4. Staff who want to review the cream are told to state that they work for the company, or not to post.

Checklist

Sales on each marketplace tracked against 200 sales and $5,000 in a continuous 12 months, and $20,000 a year (15 USC 45f(f)(3), (b)(1)).
Seller information provided by the right entity, kept current and certified each year (45f(a)(1)).
Address and phone shown to buyers decided, with any partial disclosure certified truthfully and buyer inquiries answered (45f(b)(2)).
Supplement titles, bullets and images checked against the disease claim criteria in 21 CFR 101.93(g), with the disclaimer placed under 101.93(c) and (d).
FDA structure/function notification confirmed with the manufacturer or distributor (101.93(a)).
No reward tied to positive reviews; review requests sent to all buyers alike (16 CFR 465.4, 465.2(d)).
Staff, officers and relatives disclose their connection if they review (465.5); free product to reviewers disclosed (255.5).
Review quotes in listings backed by substantiation for the claims they make (255.2(a), (b)).

How we help

We write product copy and build product pages for practices and health companies as part of website design, search and lead generation work, and we keep claims and review requests inside the rules cited here. We do not run marketplace accounts, buy reviews or decide whether a claim is substantiated, and we are not a law firm. Related guides: Prop 65 warnings for health products sold online, the mail order rule for health products and our guide to healthcare marketing rules.

Does the INFORM Consumers Act apply to my practice’s own online store?

No. It applies to online marketplaces, which are platforms that third party sellers use to sell consumer products (15 USC 45f(f)(4)). It reaches your practice when you sell on someone else’s marketplace as a third party seller.

When do I count as a high-volume third party seller?

When, in any continuous 12-month period during the previous 24 months, you made 200 or more discrete sales of new or unused consumer products and $5,000 or more in gross revenue on that marketplace (15 USC 45f(f)(3)).

Will buyers see my home address?

Sellers with $20,000 or more in annual gross revenue on the marketplace have their name, physical address and contact information disclosed (45f(b)(1)). A seller that certifies it has only a residential address may have only its country and state shown, as long as it answers consumer inquiries (45f(b)(2)).

Can I put a structure/function claim in a marketplace listing?

A structure/function statement for a dietary supplement needs the FDA disclaimer placed under 21 CFR 101.93(c) and (d), and must not be a disease claim under 101.93(g), which can arise from the product name or pictures as well as the text.

Can I offer a discount for a review?

Not one conditioned on a particular sentiment: 16 CFR 465.4 bars incentives tied to positive or negative reviews. Asking all buyers for honest reviews without a reward is a generalized solicitation (465.2(d)). Free product given to reviewers can be a material connection to disclose (16 CFR 255.5(a)).

Can my staff review our products?

Officers and managers must disclose their relationship clearly and conspicuously (16 CFR 465.5(a)), and officers or managers who ask employees or relatives for reviews must tell them to disclose the relationship (465.5(c)).

Sources

More in Health companies, vendors and employers

Selling health products on online marketplaces: seller disclosures, listing claims and reviews