Legal implications when marketing in health niche

10 replies
Hi, I'm wondering what is the legal implications of selling health related information products,

or building a health related blog?
#health #implications #legal #marketing #niche
  • Profile picture of the author HeySal
    If you are actually recommending treatments, you better be a legally licensed health care provider. If you are just giving information from various studies, make sure to include "according to" in the articles -- and make sure you put a disclaimer that everything you write is for informational purposes only and not meant to prescribe treatment. Products can be described best and safest following information allowed on labels. If it can't be allowed on a label, don't include it in the text unless you can provide a link to valid research that supports what you say.

    Right now I'm writing a report about how I saved my dog from bone cancer. I can never suggest that someone else do the same thing, or "here's how", but I can write that "this is what I did and why I did it". Then I have to add the required disclaimer that the report is for informational purposes only and not intended to prescribe treatment - if you are experiencing problems see a physician, yadda yadda.

    As long as you have your disclaimers and never tell people that your info is a cure for them (without quotes or links from authorized medical professionals) you should be okay.

    EDIT: see post 8 for required disclaimer.
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    Sal
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      • Profile picture of the author MacS09
        Depending on where you are marketing, you may have to consider what you are allowed to claim. For instance, in some countries / regions you are no longer permitted to make concrete weight loss claims such as "lose 40 pounds in 3o days," or even "I lost 30 pounds in 40 days." You may only be allowed to say "I lost 30 pounds in a relatively short period of time" and add the disclaimer that it is your personal result and not a representative result for the masses etc.

        Overselling and excessive hype have led to these restrictions and regulations. We're seeing the same development in the IM market.

        Max
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  • Profile picture of the author AbdullahKaragoz
    So having a short discalimer at the bottom of the site, or at the beginning of the course, or a disclaimer link at the bottom would be fine?
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  • Profile picture of the author ShawnSells
    HeySals advice is good, and from what I've read you need to be careful of any claims. Especially using the word "cures" can lead to problems. Your own experience is just that, your own, and not applicable to anyone else.
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  • Profile picture of the author nicholasb
    you should ask a real lawyer to be safe, all you will get here are opinions from marketers. Which could potentially land you in jail if you take bad advice that you think is good
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    • Profile picture of the author HeySal
      Originally Posted by nicholasb View Post

      you should ask a real lawyer to be safe, all you will get here are opinions from marketers. Which could potentially land you in jail if you take bad advice that you think is good
      LMAO - you caught me out, guy. I really should have added a disclaimer to my post:

      EDITED:attachment for post #2

      This post is for informational purposes only. It should not be construed to be legal advice. It is merely a statement of how I have handled the situation myself and your experiences may differ. When in doubt, please seek the advise of a qualified attorney.

      There - that covers it.
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      Sal
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  • Profile picture of the author seasoned
    Well, I am not a doctor or a lawyer, but I can tell you a few things. In the US, it is illegal for ANYONE to openly say that ANY non FDA approved whatever can cure, treat, or diagnose a disease. And when I say ANYONE, I mean even doctors. Sometimes, doctors prescribe stuff that is off label. They aren't even supposed to do THAT. Believe it or not, the FDA doesn't even approve the use of OTC vitamins to treat or cure diseases caused by a deficiency of them. That is one reason why so many view them as simply a way to support the drug companies.

    Steve
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    • Profile picture of the author HeySal
      Originally Posted by seasoned View Post

      Well, I am not a doctor or a lawyer, but I can tell you a few things. In the US, it is illegal for ANYONE to openly say that ANY non FDA approved whatever can cure, treat, or diagnose a disease. And when I say ANYONE, I mean even doctors. Sometimes, doctors prescribe stuff that is off label. They aren't even supposed to do THAT. Believe it or not, the FDA doesn't even approve the use of OTC vitamins to treat or cure diseases caused by a deficiency of them. That is one reason why so many view them as simply a way to support the drug companies.

      Steve
      Pharmaceutically produced, Steve. It's the pharmaceutical companies and their subsidiaries that have the patent on the word "cure" as it applies to medicine. You can say that rain cures a drought - but you can't say that Omega3 cures dry skin.
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      Sal
      When the Roads and Paths end, learn to guide yourself through the wilderness
      Beyond the Path

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