Use of the word "cure" with a health product

13 years ago

Are you asking whether you can use "cure" from a legal standpoint?

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Skribblez

13 years ago

I guess so, and I guess also from a potential buyers standpoint.

I'm not sure if the word "cure" would turn people off into thinking "scam" and whatnot.

I don't know. Maybe I could just use the cure domain as a landing page to collect emails and then use the "secrets" domain for the product.

What do you think?

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Loren Woirhaye

13 years ago

Claiming to "cure" anything with a health product, treatment
or with information you sell is treading on thin ice, legally
speaking.

Look at websites that have "cure" in the URL in them and you'll
find that many of them seem to be doing some form of traffic arbitrage.

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James Clark

13 years ago

Would proceed with caution! When you start talking about what you can "cure" is going to attraction a lot of attention. I happen to know a lot about this niche. Keep in mind, the doctors are not using the word cure.

I have clients in the niche. The talk should be your own personal experience.

Example: If a man goes to the Doctor and receives a high PSA score. He becomes alarmed and changes his diet. Stop eating red meat start an exercise program and taking herbs, when he returns after a year the PSA comes down a notch.

So, you notice how I gave a instant benefit that red meat might be one of his problems and spoke briefly about herbs. That leaves them incomplete. They would have to go to the next step to find out more.

More information comes with a price. But don't say you cured yourself.

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Zanti

13 years ago

Great question, as I ran into this myself a few weeks ago. Like you I had a great niche and domain name, but had reservations about the word "cure."

I'm not an attorney, well I did play one in a movie once, no, that part was a cop, anyway. After doing some research I found out that it's not a good idea to claim that a product cures anything unless it is medically approved and prescribed. You also can't disclaim something expressly promised.

So what I did was used "Solution(s)" instead of "cure," or you might try "Solve(s)." I still love my product name and domain with the word "cure," but I'm not willing to take a chance when there is an easy fix.

Hope this helps some.

Brian

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Chris The Traffic Blogger 13 years ago

What about "Secret Cure" anyone try that?
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- Zanti 13 years ago
  
  Umm, I think it still has the word "Cure" in it.
  
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James Clark

13 years ago

Originally Posted by Zanti

Great question, as I ran into this myself a few weeks ago. Like you I had a great niche and domain name, but had reservations about the word "cure."

I'm not an attorney, well I did play one in a movie once, no, that part was a cop, anyway. After doing some research I found out that it's not a good idea to claim that a product cures anything unless it is medically approved and prescribed. You also can't disclaim something expressly promised.

So what I did was used "Solution(s)" instead of "cure," or you might try "Solve(s)." I still love my product name and domain with the word "cure," but I'm not willing to take a chance when there is an easy fix.

Hope this helps some.

Brian

The only problem I have with solution is everyone is using it. The prospect is saying in his or her mind that they don't believe you. There is no way you could have a solution to my problems without talking to me. Assuming you are well educated. You are making an educated guess.

What they really want is your advice. And your advice should be based on your experience.

Example: I have tested organic traffic vs PPC traffic. You can make money with both but organic traffic requires a great deal of patience. PPC is a little risky, but fast. And most importantly, with a some education you can reduce the risk to a break even point.

So, if a client were to ask me about traffic I would recommend PPC with ready to buy Keywords. Now, if they ask you how much you charge. Tell them you charge a lot. (LOL)

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Zanti

13 years ago

I guess my only point in this based on the op, is that I personally wouldn't use the word "cure" and I would seek another appropriate alternative. Using "cure" may have detrimental ramifications.

Brian

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Rich Struck

13 years ago

I wouldn't use the word "cure" although you could probably do it and get away with it. Probably. For a while at least.

I would also *not* post domains that you are interested in buying but don't own yet because this board is teeming with jerks who will grab it from under you.

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Zanti

13 years ago

Rich makes a good point and thanks for pointing it out. I was going to bring that up also.

It's a bad idea to post on any open forum, planned domain name purchases and often, (depends on circumstances) to specifically identify your niche.

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GlobalTrader 13 years ago

If you are marketing this product in the USA, be very, very careful using the word cure as it will place you directly on the FDA's radar. They do not like any product making the claim to "cure" to possibly interfere with the BIG pharma companies who provide FDA employees with cushy jobs once they retire.

If you are focusing on the Australian market then I would check with the FDA equivalent department in your country.

I have read where the USA FDA has shut websites down, fined their owners and such for making cure claims that have not been substaniated by highly expensive FDA approved studies.
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GeorgR.

13 years ago

You dont know what you are selling and have doubts yourself? Not good

With the phrase "cure" i always have some problems myself. Only YOU know whether the product actually deserves that name. If you have doubts, then leave it. Don't call it a "cure" if it is not. My $0.02

If it does indeed cure for the majority of people, then ok. You can still add a disclaimer it might not work for everyone..but if it does for most people then there is no reason not to use that word.

If you are not satisfied with the results, we have a 60 day no questions asked money back guarantee blah blah blah"?

You want that anyway, whether it's a cure, remedy or treatment.

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Joe118

13 years ago

Just provide a 100% guarantee-or-your-money-back and you're covered. Also include the standard disclaimer that this is an information product and everyone is responsible for whatever they do to themselves and so on.

IANAL and so not giving out legal advice, just saying that's what I'd do if I was creating such a product.

Originally Posted by Skribblez

I am working on my first Clickbank product. It's in the health/beauty niche. This eBook will cover a skin related problem (not acne). Right now, I'm stuck with choosing a name for it.

I have the domain skinproblemCURE.com and I'm thinking of naming the product accordingly, but I just don't know if I can. I know the solutions I've provided in the eBook work, some even work for myself. I've read a lot of forum posts where people have tried some of the solutions and rave about it. But I still don't know if I can use the word "cure" or "cures" in the name, because although the solutions work for many, I'm not sure if they will work for everyone.

Can I still use it in the name and just leave a disclaimer at the bottom, and perhaps mention something in the money back guarantee along the lines of "If you are not satisfied with the results, we have a 60 day no questions asked money back guarantee blah blah blah"?

Please help me. I think I have the perfect domain, also no one else has made an eBook on it yet, but I'm just not sure about this..

However, SkinProblemSecrets.com is available, so if I can't use the first one, I could perhaps go with that one..

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Barry Unruh 9 years ago

Originally Posted by Joe118

Just provide a 100% guarantee-or-your-money-back and you're covered.

I'll bet your attorney would not agree with that statement.

Creating a product saying it will "cure" something may open you up to all kinds of liability issues. That may cost much, much more than "money-back".

I am not an attorney either, but I am 100% confident just offering money-back does not excuse you from any negative results your product may cause.
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- Kay King 9 years ago
  
  When you are bumping a year old thread - does the answer still matter?
  
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  Steve B 9 years ago
  
  Thread created on March 1, 2011. That's more than 4 years old.
  
  For all we know, Skribblez is long gone.
  
  Steve
  
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  jasondinner 9 years ago
  
  Originally Posted by Steve B
  
  Thread created on March 1, 2011. That's more than 4 years old.
  
  For all we know, Skribblez is long gone.
  
  Steve
  
  Yeah he already got shut down by the FTC in 2013 for using the word cure lol
  
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Philarmon

13 years ago

I'd go for "treatment". "Cure" sounds final for me - meaning that your method should guarantee to cure the disease. I might be wrong but i think there is never a real 100% guarantee to cure anything with any medicine / method - it might be dependant on the person's physics, reactions, allegies, whatever ...

"Treatment" sounds like you still seriously do something against the disease (which is true) but that does not mean that it will 100% cure it

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Steeleworks

10 years ago

There are two agencies that are of concern here.

By law, only the FDA can say something is a cure or not. So, where doctors have actually cured diabetes with the gastric bypass for some people, they cannot make that claim. To make that claim, it would require clinical research proving that a particular outcome or cure was possible.

Next comes the FTC. They have their own set of rules on what you say or cannot say. Basically, you have to have proof for any advertisement.

There is a gray area. My non-profit, WaterCures.org keeps me off the radar because of two factors. We do not sell anything. We even offer telephone education free of charge. And when it is controversial, we add a ? to the statement, leaving it for the person to decide.

You have a third possibility....freedom of speech. Look up books with the name cure in the title and you will find many.

Although not a lawyer, this has been an area of interest since I have a few health related sites.

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Angshuman Dutta 10 years ago

Did you ever see a medicine carton say it "cures" a particular disease even if it does that and is the only med for a condition? No. IMO "remedy" would be a good choice.
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- Steeleworks 9 years ago
  
  While I am not a lawyer, I am a legal nurse consultant.
  
  Believe it or not, even your doctor cannot say he can cure you. It is against the law. The only entity that can say something is a cure is the FDA. It's the law.
  
  So putting the word cure in a product name is not a gray area, it is a 'get in trouble area. ' Like stated above, the FDA and the FTC are the two agencies that will stop the use of the word cure in a product name. They will probably not fine you since you are small but it will happen after you have spent a lot of time and money promoting the product.
  
  But what about websites that say cure. I own two with the name cure in them. One, a not for profit, Water Cures: Natural Remedies and Cures Using Sea Salt and Water does not sell anything (at least at this posting) and my other, GlutathioneDiseaseCure.com I will eventually only be selling my own books or products on. How can I get away with it.....simple, freedom of speech. I'm making a statement, not a promise, guarantee or claim about any product.
  
  Think about it this way, to say taking water and salt will help you keep hydrated is a scientific fact. It is not a claim. Therefor, it is legal to say taking salt and water will cure you of dehydration is also a fact.
  To say boosting your glutathione will improve health is likewise a fact (100 thousand scientific studies). But I am not selling glutathione....just teaching people how to increase theirs with foods (whenever I get the book done / trying to remove all the ads on the site daily).
  
  The gray area is when you combine the word cure in the product name. Consider CuraMed. A really neat twist on the word cure and curcumin.....the main ingredient. The FDA and FTC would loose if they went after them as Cur is the first three letters of curcumin.
  
  Books likewise are allowed to use the word cure.
  
  The only taboo is product names. Go to the USPTO (US Trademark Site) and you will find only about three products with the name cure, they are not medicine and one is dead. The dead treademark was an applicator. A live trademark was a 'non-medical' cream.
  
  Remember, there are various meanings of the word cure (think curing concrete).
  
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Use of the word "cure" with a health product

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