25 replies
Hi

There are products on Clickbank to cure one illness or another such as diabetes, tinnitus, etc.

If the product makes a different reaction on the buyer going the things wrong (obviously they immediately will ask for the refund) but can they sue me if I am an affiliate having told him/her that the product could cure the illness?

Thanks a lot

-oxygenearth
#sue
  • Profile picture of the author travlinguy
    Anyone can sue anyone for just about anything. You've got to be careful in the way you present the product. I think using the word "cure" is something you might want to research. It's one of those words that regulators are very touchy about.
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  • Profile picture of the author Jamrok
    Not sure. I would find a legal forum that deals with this type of questions to get your answer.
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  • Profile picture of the author ArticlePrince
    I can sue you right now. The issue is more 'Could they win?' You need disclaimers, especially in any medical niche. There are IM specific legal services, I would look into those.
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    • Profile picture of the author cometowar
      Originally Posted by ArticlePrince View Post

      I can sue you right now. The issue is more 'Could they win?' You need disclaimers, especially in any medical niche. There are IM specific legal services, I would look into those.
      Exactly, a good disclaimer will do the job - to compose one you should ask an expert.
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      • Profile picture of the author Kay King
        Exactly, a good disclaimer will do the job -
        Good luck with that. Obviously, you aren't a lawyer.
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  • Profile picture of the author talfighel
    I would just not promote it. It is better to be safe then sorry.

    Most of the time, the product owner would be the one targeted and not the affiliates.
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    • Profile picture of the author Lightlysalted
      Originally Posted by talfighel View Post

      I would just not promote it. It is better to be safe then sorry.

      Most of the time, the product owner would be the one targeted and not the affiliates.
      Actually this isn't technically accurate. As an affiliate you could be sued as they could claim that the product has been misold and as you were promoting it the claimant would come after you and not the manufacturer. You could however then sue the manufacturer but it gets messy.

      Two things I would never promote or medical or financial products (mortgages/loans etc) as you leave you'd elf wide open for a miselling claim.
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      • Profile picture of the author seoboyz01
        Originally Posted by Lightlysalted View Post

        Actually this isn't technically accurate. As an affiliate you could be sued as they could claim that the product has been misold and as you were promoting it the claimant would come after you and not the manufacturer. You could however then sue the manufacturer but it gets messy.

        Two things I would never promote or medical or financial products (mortgages/loans etc) as you leave you'd elf wide open for a miselling claim.
        The Western world is very litigious. And, though your buyer might not think to sue you, chances are, his lawyer will, especially if you proffered those same, 'medical' claims on your own website.
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  • Profile picture of the author BDazzler
    If you make specific health claims, even if nobody sues you, you may also be subject to FDA regulation and subsequent prosecution if you fail to make the proper disclosures.
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  • Profile picture of the author aire
    Anyone can sue about anything nowdays but very unlikely for cb product.
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by oxygenearth View Post

    can they sue me if I am an affiliate having told him/her that the product could cure the illness?
    Yes.

    If you make an incentivized representation about something you're promoting, which includes anything like a "curative claim", you're opening up the risks of all sorts of problems, not only lawsuits.

    The vendor's usually more likely to be sued than the affiliate, but that won't be much consolation if he's disappeared or is unservable with legal documents, or whatever, and they come after you instead.

    Don't make curative claims, and don't promote health products whose vendors make curative claims on their sales pages, is my advice. (Yes, I know that excludes a lot of products. But it's no real loss, because they're typically not good products that work, and it won't enhance your reputation as an affiliate to promote them anyway, and that's what your long-term future income depends on: affiliate marketing incomes come from trust, respect and credibility ).

    In the long run, I think "enthusiasts' niches" are far better for affiliates than "problem-solving niches", anyway.

    .
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  • Profile picture of the author Ricardo Furtado
    Yes you can get sued.
    Best wishes and regards.
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    Ricardo Furtado

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  • Profile picture of the author kindsvater
    Yep.

    You: I recommend you buy this motor oil from this seller. Drink a cup a day and it will cure your cancer. It's a little known cure the medical establishment doesn't want you to know.

    Buyer: OK. I trust you.

    Hospital Bill: $$$

    Lawsuit: $$$$

    .
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  • Profile picture of the author wrcato2
    I don't think people will sue you. More than likely they won't trust you again. Read this article about Kevin Trudeau and his natural cures book.
    You can always ask a lawyer, which is what I would do.
    TV pitchman Kevin Trudeau sentenced to 10 years in federal prison for bilking customers | Fox News
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  • Profile picture of the author teeowl
    Any product that is supposed to cure a disease or illness, please stay away. Weight loss diet & exercise programs, fitness programs, bodybuilding programs are okay since they don't cure a disease or illness.
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  • Profile picture of the author dougp
    LOL, consult a lawyer when you're asking about the law, not on an internet marketing forum. Also, read these faqs from the FTC: Advertising FAQ's: A Guide for Small Business | BCP Business Center
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  • Profile picture of the author oxygenearth
    Thanks a lot for your valuable answers. Now this topic is clearer for me.
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  • Profile picture of the author seoboyz01
    Not really a good idea to sell or promote products that claim medical cures for common diseases and illnesses. I'm not sure if that could get you into legal trouble but for sure you would get plenty of refund requests.
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  • Profile picture of the author AmanD
    I think it will depend on the way you promote it. If you start making grand claims that guarantee a cure by using the product, then that could be awkward.

    If you're more realistic with your assessment of it, I can't imagine it would be you who gets the problem.

    Leave the claims to the product creator and his sales page.
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  • Profile picture of the author martbost
    My thoughts on it are if you have to ask the question, move on to another product. Go with your instincts.

    Proper disclaimers should be present at all times on the "Snake Oil Products" that people buy so that there are no guarantees of any magic drug or healing power of a product.
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    • Profile picture of the author Rembo
      Whenever I promote a product in such niches I use the words the seller is using on the landing page.

      This works in your favour in two ways;

      1) You are just relaying the message of the landing page. It is the sellers responsibility that those claims are correct. I'm nearly repeating him.

      2) Anyone that clicks my ad reads the same words on the landing page of the seller. This makes for a more coherent experience for the visitor and it increases the odds of making a sale.
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      • Profile picture of the author JohnMcCabe
        Originally Posted by Alexa Smith View Post

        Yes.

        If you make an incentivized representation about something you're promoting, which includes anything like a "curative claim", you're opening up the risks of all sorts of problems, not only lawsuits.
        And the only really definitive judgment about curative claims comes from, well, a judge. One of many reasons I have not, nor ever will, promote a health product making any kind of anecdotal claim, much less a claim of a cure.

        Originally Posted by Alexa Smith View Post

        The vendor's usually more likely to be sued than the affiliate, but that won't be much consolation if he's disappeared or is unservable with legal documents, or whatever, and they come after you instead.
        Maybe in the UK, but malpractice and personal injury lawyers in the US tend to take the old Marine mantra to heart, at least the legal version:

        Marines: "Kill'em all and let God sort'em out."

        Legal version: "Sue them all and let the judge sort it out."

        Originally Posted by Alexa Smith View Post

        Don't make curative claims, and don't promote health products whose vendors make curative claims on their sales pages, is my advice. (Yes, I know that excludes a lot of products. But it's no real loss, because they're typically not good products that work, and it won't enhance your reputation as an affiliate to promote them anyway, and that's what your long-term future income depends on: affiliate marketing incomes come from trust, respect and credibility ).
        What she said...

        Originally Posted by Alexa Smith View Post

        In the long run, I think "enthusiasts' niches" are far better for affiliates than "problem-solving niches", anyway.

        .
        Amen - not just for affiliates, either.
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  • Profile picture of the author KenJ
    It astounds me that marketers think they even have a place promoting health products of any description. I started to do it in 2007 when I was wet behind the ears, and then I realised the hypocrisy of it.
    We should be advising people to stay well away, not "consult a lawyer"

    KenJ
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  • Profile picture of the author Vault Boy
    Banned
    I love how all the fake lawyers and fake doctors are chiming in about this issue. On the internet, apparently you can be anybody!
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