Can they sue me?

9 years ago

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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Jamrok

9 years ago

Not sure. I would find a legal forum that deals with this type of questions to get your answer.

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ArticlePrince

9 years ago

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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cometowar

9 years ago

Originally Posted by 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.

Exactly, a good disclaimer will do the job - to compose one you should ask an expert.

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Kay King 9 years ago

Exactly, a good disclaimer will do the job -

Good luck with that. Obviously, you aren't a lawyer.
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talfighel

9 years ago

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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Lightlysalted

9 years ago

Originally Posted by 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.

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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seoboyz01

9 years ago

Originally Posted by Lightlysalted

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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BDazzler

9 years ago

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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aire

9 years ago

Anyone can sue about anything nowdays but very unlikely for cb product.

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Alexa Smith

Banned 9 years ago

Originally Posted by oxygenearth

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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Ricardo Furtado

9 years ago

Yes you can get sued.
Best wishes and regards.

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kindsvater

9 years ago

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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wrcato2

9 years ago

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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teeowl

9 years ago

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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dougp

9 years ago

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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oxygenearth

9 years ago

Thanks a lot for your valuable answers. Now this topic is clearer for me.

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sbucciarel

Banned 9 years ago

They can do more than sue you. I don't think you want to mess with making false medical claims.

Kevin Trudeau - Wikipedia, the free encyclopedia

On line scam artist lands himself in jail - WMC Action News 5 - Memphis, Tennessee

http://www.dietscam.org/reports/foster.shtml

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seoboyz01

9 years ago

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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AmanD

9 years ago

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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martbost

9 years ago

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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Rembo

9 years ago

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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JohnMcCabe

9 years ago

Originally Posted by Alexa Smith

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

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

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

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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KenJ

9 years ago

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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Vault Boy

Banned 9 years ago

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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Can they sue me?

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