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Emma Rainville
We live in a world now where things can be automated and data can be searched and researched much faster, including marketing websites, labels on images from sales pages guarantees scarcity. All of it can be done through AI tools much faster and much more effective. Would you agree with at least that I would. So is it possible that we would hit a time where not even four years from now where someone decides to hire a bunch of people, someone gets the bright idea, idea of oh, sleazy marketers that we keep getting phone calls about because that's not going to stop. They decide to implement stuff like this to just send out fines.
Ryan Potee
There's definitely going to be kind of.
Emma Rainville
So CNN Health is saying RFK is making it easier for supplement brands to operate. But is this the full story? I've worked with dozens of health and supplement companies and I've seen firsthand how aggressive the FDA and the FTC can get when brand push the limits. So when I saw the headlines a couple of weeks ago and what it said, I knew we needed to unpack it. Ryan and I have been dying to get in this room. We're going to do a super short, super impactful episode because if you're a founder in the space, your compliance strategy might be changing fast. Hi, I'm Emma Rainville, co founder of multiple seven Figure brands in Direct Response World and I've helped scale some of the biggest supplement launches online. And I've also seen the back end of lawsuits, FDA warnings and FTC investigation. That's why I brought my co host and compliance expert Ryan Potee who specializes in ad law, product labeling and policy shifts just like this one. Today we're breaking down what CNN is actually reporting about RFK stance on supplement regulations, how this policy shift could impact the FDA enforcement, what is actually changing and what's not, how to future proof your marketing labeling and compliance. And if you're into supplements like we are, you're going to want to stay till the end because Ryan and I created a supplements compliant field guide, your roadmap to marketing health products the right way in 2025. You can download that free by signing up for a visionary vault at www.specialopspodcast.com. welcome to Marketing on Trial, a spin off of SpecialOps.com where Ryan and I sit down and create actionable steps for entrepreneurs, e commerce brands, direct response marketers and online sellers. This is probably going to be the fastest one we've ever done, but I think it's super important because we both saw this article. I think I sent it to you And I was like, what the heck? And so we've watched people that we know on social media for weeks now talk about this regime change. Thank you. And what it's going to mean and how they're going to be able to do what they want and say what they want, how they want, when they want. So let's talk about that. The RFK news that made supplement founders cheer. And people like us who are going to have to clean up the mess, panic. So just walk me through what they're saying and what you're thinking about at all, because I got my own thoughts.
Ryan Potee
So rfk, the whole Trump administration has been very anti establishment, very anti regulatory.
Emma Rainville
Agency, even though they are the establishment now on the.
Ryan Potee
Well, now they're gutting it. And so we've seen a large amount of FDA staff be laid off in key parts of the fda, which are really fundamental to patient safety and just the safety of all of us. But everyone has been cheering because RFK has a very, I would say, unique point of view on quite a few issues in the supplement space.
Emma Rainville
And many in many niches we don't get it into.
Ryan Potee
Truly. And so with the downsize in the federal government, everyone is thinking that, well, if there's not enough regulators, then I can basically say what I want. I want to emphatically say that is absolutely wrong. Nothing has changed. What was the law yesterday or before Trump assumed office is, is the law today? We saw. And if everyone, and just for a little bit of context, when Trump was first in office, we had just as many, if not more FTC and FDA investigations going on in the Obama administration. So this isn't going to be a fundamental shift. The law is going to stay the same. Perhaps of the enforcement mechanisms will change.
Emma Rainville
Let's talk about that. Because there are a bunch of FDC and FDA attorneys, I believe, that were hired prior to.
Ryan Potee
Correct.
Emma Rainville
And they are gutting some of the agencies. But are those lawyers going away?
Ryan Potee
It's everyone.
Emma Rainville
Is it really?
Ryan Potee
It is lawyers.
Emma Rainville
I mean, but let's unpack that for a second. So a bunch of lawyers are getting fired.
Ryan Potee
Lawyers are getting fired.
Emma Rainville
So lawyers are going away. They're stripping down administrative people answer emails, people who do research. They're all getting stripped. They're not changing the laws or the requirements. No, no. So four years from now, when the next person gets elected and they beef it all back up because multiple people have died from not taking insulin and tons of people are suffering from all kinds of ailment because they were taking white label BS in A bottle products. And there are tons of complaints to the attorney general as we've seen in previous. I wouldn't say administration time periods when they weren't so forceful enforcing the guidelines. Now someone gets in that has a hard on for marketers again, which will happen eventually. How far back can they go?
Ryan Potee
They can go pretty far back.
Emma Rainville
So I sell for the next four years I'll just take everything down. Who cares?
Ryan Potee
Yeah, not going to happen.
Emma Rainville
Right. So I think the point that I want to drive across, and I do like your points for sure, but the big point I want to drive across is yes, perhaps for the next four years people can really not worry so much about the regulations. Regulations around labeling, around claims, around deceptive advertising. But everybody pays the piper eventually.
Ryan Potee
It's not just the fda, it's the ftc, it's state attorneys generals, it's consumer protection attorneys. So yes, there might be less enforcement.
Emma Rainville
From the FDA because there's less manpower.
Ryan Potee
There's just less manpower. And so what might have ultimately culminated in a full blown investigation or criminal enforcement action might be more of a warning letter or some other.
Emma Rainville
Might I pose an alternative?
Ryan Potee
Sure.
Emma Rainville
You're not going to like because you're going to tell me why they won't do it. We live in a world now where things can be automated and data can be searched and researched much faster, including marketing websites, labels on images from sales pages, guarantees scarcity. All of it can be done through AI tools much faster and much more effective. Would you agree with at least that I would. So is it possible that we would hit a time where not even four years from now where someone decides to hire a bunch of people? That someone gets the bright idea of, oh, sleazy marketers that we keep getting phone calls about because that's not going to stop. They decide to implement stuff like this to just send out fines.
Ryan Potee
There's definitely going to be kind of the, the due process check on that.
Emma Rainville
Right.
Ryan Potee
But AI is going to be involved in some respect.
Emma Rainville
Right. The ftc, which makes the research of it and finding it so much easier.
Ryan Potee
The FTC has the Sentinel database. And while that's a pretty closely guarded secret and how that all works, I would imagine that they have some sort of machine learning on the back end that is looking at all these consumer complaints and starting to draw, you know, some putting some things together. So I don't think that AI is going to change the way I think government and law enforcement.
Emma Rainville
You don't or you do?
Ryan Potee
Oh, I do, yeah. I think it's going to be very.
Emma Rainville
Easy much for them, quicker for them.
Ryan Potee
Yes. So the whole idea of just immediately de indexing a site because you're worried about regulators is not going to save you.
Emma Rainville
So we are not deregulating?
Ryan Potee
No, not at all.
Emma Rainville
Anything. We are just kind of like defunding the ability to have people to go after them from the fda. But eventually, at some point, four, five, six, even years from now, what you do today can come back to bite you.
Ryan Potee
Absolutely.
Emma Rainville
So let that just be a warning for all the people that I say seeing things like they're putting the responsibility back in the consumer hands as an actual Facebook posts and they're going to be responsible for doing their own due diligence. No, no. So while CNN certainly, and I'm not going CNN Fox either, whatever was, whatever I do want to make very, very clear is regulations have not changed. The people in power have. That means that eventually if you do not abide by those regulations, you're going to pay you. You're going to pay you. Pay you. By the way, Ryan Poteed is available for hire as FDA expert attorney. It's Gordon Re up. Ryan, thank you. I had to do this and we're about to actually record another podcast. I just really wanted to touch base with you on all of this because this came out a few weeks ago now and I haven't stopped hearing about it. I have not stopped hearing about it. And it's mind blowing to me that educated individuals that have been in the space for a while will think that one man who is not changing the law in any way is going to change the way we do business. And I mean, honestly, that might be the case for a time. There may be people who change the way they do business for a time, but the people who want to stick around for a long time will not. Would you agree with that? All right, I'm going to wrap up. This is just a quick one that I wanted to put out there because I am seeing a lot of chatter about this. So the supplement world is always evolving, like for sure. But one bad label, one bad aggressive ad, or one unsupported claim can take your whole business down. May not be today, it may not be tomorrow. Maybe when the regulators all come back, who knows? But it can happen. Whether the new administration says that they're not enforcing it or not. Whether the new administration says they're enforcing it or not. That's why Ryan and I created the Supplement Compliance Field Guide so that you can scale with confidence, not confusion. This includes everything from manufacturing, third party testing, claims, labeling, you name it. The bones are in there. So download your guide at www.specialopspodcast.com, visit our Visionary Vault and sign up. There's other tools, courses and some other things Ryan and I wrote together. Thank you so much for joining joining us for this quick but serious podcast.
Podcast Summary: Special Ops – "How the FTC is Using AI To Target Marketers Faster Than Ever"
Podcast Information:
In the June 13, 2025 episode titled "How the FTC is Using AI To Target Marketers Faster Than Ever," Emma Rainville and her co-host Ryan Potee explore the evolving landscape of regulatory enforcement within the supplement industry. The episode addresses recent headlines regarding RFK's stance on supplement regulations, the impact of AI on FTC operations, and strategies for entrepreneurs to future-proof their marketing and compliance practices.
Emma opens the discussion by highlighting the rapid advancements in AI and automation, emphasizing how these technologies have transformed various aspects of marketing—from website optimization to data analysis. She posits, "We live in a world now where things can be automated and data can be searched and researched much faster, including marketing websites, labels on images from sales pages guarantees scarcity. All of it can be done through AI tools much faster and much more effective" (00:00).
The conversation shifts to recent news from CNN Health about RFK's efforts to ease operations for supplement brands. Emma expresses skepticism, noting her extensive experience with the aggressive enforcement tactics of the FDA and FTC:
"I've worked with dozens of health and supplement companies and I've seen firsthand how aggressive the FDA and the FTC can get when brands push the limits." (00:46).
Ryan Potee provides historical context, comparing the current administration to the Trump administration's regulatory stance:
"RFK, the whole Trump administration has been very anti-establishment, very anti-regulatory... We've seen a large amount of FDA staff be laid off in key parts of the FDA, which are really fundamental to patient safety and just the safety of all of us." (03:22).
Emma and Ryan challenge the notion that RFK's policies signal a lasting change in regulatory enforcement. Ryan emphasizes that despite staffing reductions, the fundamental laws remain unchanged:
"Nothing has changed. What was the law yesterday or before Trump assumed office is, is the law today." (03:28).
Emma seeks clarification on whether the reduction in agency staff means a genuine relaxation of regulations. Ryan counters:
"It's not just the FDA, it's the FTC, it's state attorneys general, it's consumer protection attorneys. So yes, there might be less enforcement." (06:00).
A significant portion of the discussion focuses on how AI is being leveraged by regulatory bodies to enhance enforcement capabilities. Emma raises the possibility that AI could enable the FTC to target marketers more efficiently:
"Is it possible that we would hit a time where not even four years from now where someone decides to hire a bunch of people... they decide to implement stuff like this to just send out fines?" (06:23).
Ryan responds by acknowledging the integration of AI in regulatory processes, particularly referencing the FTC's Sentinel database:
"The FTC has the Sentinel database... I would imagine that they have some sort of machine learning on the back end that is looking at all these consumer complaints and starting to draw, you know, some putting some things together." (07:20).
Emma reinforces the inevitability of AI's role in accelerating regulatory actions:
"The FTC, which makes the research of it and finding it so much easier." (07:09).
Emma and Ryan caution that any perceived relaxation in enforcement is temporary. They argue that non-compliance will ultimately lead to consequences regardless of current administrative shifts:
"Eventually, if you do not abide by those regulations, you're going to pay." (08:11).
Emma further emphasizes the importance of maintaining compliance, warning against complacency:
"Regulations have not changed. The people in power have. That means that eventually if you do not abide by those regulations, you're going to pay you’re going to pay." (08:14).
To aid entrepreneurs in navigating the complex regulatory environment, Emma and Ryan introduce their "Supplement Compliance Field Guide." This comprehensive resource covers essential aspects of supplement marketing, including manufacturing standards, third-party testing, claims, and labeling.
"The supplement world is always evolving, like for sure. But one bad label, one bad aggressive ad, or one unsupported claim can take your whole business down... That's why Ryan and I created the Supplement Compliance Field Guide so that you can scale with confidence, not confusion." (08:00).
Listeners are encouraged to download the guide and explore additional tools and courses available at SpecialOpsPodcast.com.
Emma wraps up the episode by reiterating the critical need for ongoing compliance and vigilance in the supplement industry. She underscores that regardless of current regulatory leniency, the laws remain in effect and enforcement is likely to intensify with advancements in AI and changes in administration leadership.
"The supplement world is always evolving... but one bad label, one bad aggressive ad, or one unsupported claim can take your whole business down." (08:00).
Emma and Ryan's insights provide a timely and actionable framework for supplement marketers to navigate regulatory challenges effectively, ensuring sustainable business growth and legal compliance.
Notable Quotes:
Emma Rainville (00:00): "We live in a world now where things can be automated and data can be searched and researched much faster, including marketing websites, labels on images from sales pages guarantees scarcity. All of it can be done through AI tools much faster and much more effective."
Ryan Potee (03:28): "Nothing has changed. What was the law yesterday or before Trump assumed office is, is the law today."
Emma Rainville (06:23): "Is it possible that we would hit a time where not even four years from now where someone decides to hire a bunch of people... they decide to implement stuff like this to just send out fines?"
Ryan Potee (07:20): "I would imagine that they have some sort of machine learning on the back end that is looking at all these consumer complaints and starting to draw, you know, some putting some things together."
Emma Rainville (08:11): "Eventually, if you do not abide by those regulations, you're going to pay."
Resources Mentioned:
Call to Action: Listeners are encouraged to subscribe to the Special Ops podcast on Apple, Spotify, or YouTube and visit SpecialOpsPodcast.com to access free playbooks and resources designed to elevate their business operations.
Timestamp References:
This detailed summary encapsulates the essence of the episode, providing listeners with a comprehensive understanding of the key discussions, expert insights, and actionable advice presented by Emma Rainville and Ryan Potee. Whether you're a seasoned marketer or an entrepreneur new to the supplement industry, this episode offers valuable perspectives on navigating the evolving landscape of regulatory enforcement enhanced by AI technology.