The FDA tests and warns, the DEA schedules drugs, and the FTC polices deceptive advertising. Congress funds and closes loopholes. Here’s what to push for — and where to report problems.
See also: Letter Templates • State Law Picker • Q&A
What FDA can do
• Test suspect “supplements” and publish warnings.
• Send warning letters; seize misbranded/adulterated products.
• Recommend scheduling of dangerous substances to DEA.
Limitations
• Cannot make a drug illegal alone (DEA handles scheduling).
• Cannot police every gas station or website.
Ask FDA to
• Keep testing mood/energy “supplements.”
• Post clear, parent-friendly alerts (Kratom, Tianeptine, Delta-8, etc.).
• Formally recommend scheduling of kratom, tianeptine, phenibut.
What DEA can do
• Place substances into Schedule I (ban sales/possession).
• Investigate interstate shippers & online distributors.
Limitations
• Scheduling requires process & evidence; lobbying can slow action.
Ask DEA to
• Use emergency scheduling when harm is clear (e.g., tianeptine).
• Coordinate with states on parcel/online enforcement.
What the FTC regulates
The FTC protects consumers from false or deceptive advertising and unfair business practices. It can take action when companies lie about a product’s safety or ingredients. Examples include:
• False health claims (“This herbal product cures anxiety or depression!”).
• Misleading safety claims (“doctor recommended” when it’s not).
• Hidden or fake reviews used to promote supplements.
• Packaging that looks safe or natural but acts like a drug.
What’s not legal under the FTC Act
• Making unproven medical claims or hiding serious risks.
• Failing to disclose ingredients not approved or tested.
• Marketing drugs/supplements to kids with candy-style packaging.
• Paying influencers without disclosing sponsorships.
Where the FTC is limited
• Can’t ban or schedule a drug (that’s FDA/DEA).
• Can’t police every social post or gas-station shelf.
• Usually acts after deception is proven, not before.
Ask the FTC to
• Investigate “dietary supplements” with drug-like claims sold in vape/gas shops.
• Crack down on online ads targeting teens.
• Partner with FDA for joint warning letters.
• Expand parent-education campaigns about fake “wellness” ads.
What Congress can do
• Pass national bans & close supplement loopholes.
• Hold hearings to speed FDA/DEA/FTC action.
• Fund poison-control, surveillance, and public education.
Limitations
• Federal laws take time and votes.
Ask Congress to
• Support bans on gas-station drugs and deceptive “wellness” marketing.
• Fund stronger FDA/FTC enforcement and parent education.