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Is it Legal to sell supplements?

by The Oilman
16 replies
If there is a particular non-harmful, non-psychoactive, non-prescription supplement that I want to buy as a powder, repackage into pills, and sell, is there anything I need to do (legally) to do this?

Also, is it allowed on adwords?
#legal #sell #supplements
  • Profile picture of the author The Oilman
    C'mon guys..
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  • Profile picture of the author Michael Oksa
    There's not a chance that I will even attempt to answer this.

    If you are in the USA, ask the FDA.

    If it is something people are ingesting, or applying topicaly, and it has some effect, then you need to check with the FDA.

    I'm assumng it has some sort of benefit, therefore, it's not safe to assume that you can just re-package your "magic powder" into capsule form.

    Ask the FDA.

    All the best,
    Michael

    p.s. If I were you, I wouldn't ask here, but rather see what the FDA has to say about it.
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    • Profile picture of the author MarQueteer
      Originally Posted by Michael Oksa View Post

      If it is something people are ingesting, or applying topicaly, and it has some effect, then you need to check with the FDA.
      Very good recommendation.

      As far as Google is concerned: After the recent slap for thousands of adwords accounts promoting **** stuff it should be quite clear that Google don't want advertisers to push things to the limit.
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  • Profile picture of the author Scott Ames
    Should be ok on Google unless it falls into certain categories:

    https://adwords.google.com/support/b...&subtopic=9292

    Here is what I found:

    Advertising is not permitted for the promotion of products designed to help someone pass a drug test. This includes products such as drug cleansing shakes and urine test additives


    Advertising is not permitted for the promotion of drugs and drug paraphernalia. This includes drug accessories, illegal drugs, and herbal drugs such as salvia and magic mushrooms.

    However, perhaps the best way to find out is to do a Google search for the product you are promoting and see if there are any ads for it.

    --
    Legally I would get a lawyer for your best answer.

    Generally herbs are not highly regulated but laws change. If I were doing it I would form a good LLC or Corp. to protect your personal assets in case of law suits and I would carry insurance.
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  • Profile picture of the author Loren Woirhaye
    What, like Maca Maca or something?

    As far as I know you can sell food. If you sell a lot
    you might attract local regulation who will inspect
    your facility and shut you down if you don't meet
    health codes.

    Selling anything where it appears to be a drug
    can get you in trouble. I would recommend
    you read "Seven Steps To Freedom" by Ben Suarez
    for his version of how government regulation
    and pork-barrel food-industry graft almost ran
    him out of business.... and he was getting big
    at the time. Now his business is huge and he
    weathered the problems but it cost him dearly.
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    • Profile picture of the author ildarius
      Think for Adwords you need a special authorization number to promote goods like that.

      But what a pain though:

      - Shipping
      - Customer service
      - Hours of production time
      - Writing good copy
      - Accepting payments (would be hard getting a merchant account for that kind of a business)

      I'm not a lawyer but I would DEFINITELY consult one before you attempt anything like that. It sounds risky, I'm sure other warriors would agree.

      Go to markethealth and put your mind at ease... Some of their product pages are pretty skinny, but here and there there you can find some good ones.

      Take care
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      • Profile picture of the author Capone
        Yes you can do this. Google "private label rights"
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  • Profile picture of the author Andy1750
    Mmm...very very tricky area! Depends on how the product is regulated (food vs medicine) and what claims you make about the product...

    There are safer niches!

    Andy
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    Not trying to sell you anything :-)

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  • Profile picture of the author Michael Oksa
    Sorry, let me try this again.

    Originally Posted by The Oilman View Post

    If there is a particular non-harmful, non-psychoactive, non-prescription supplement that I want to buy as a powder, repackage into pills, and sell, is there anything I need to do (legally) to do this?
    Yes, there absolutely IS something you need to do legally...get a lawyer.

    Also, is it allowed on adwords?
    This is the more appropriate question to ask here. Looks like you got a few answers (though they are conflicting).

    But, first see what the laws and regulations are in YOUR jurisdiction, and ANY jurisdiction you will be selling to.

    All the best,
    Michael

    p.s. How about a new WF rule that prohibits legal questions? I understand why people ask, but any answers (right or wrong) need to be checked with verifiably qualified legal professional - and we ain't it.
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  • Profile picture of the author Tsnyder
    Originally Posted by The Oilman View Post

    If there is a particular non-harmful, non-psychoactive, non-prescription supplement that I want to buy as a powder, repackage into pills, and sell, is there anything I need to do (legally) to do this?

    Also, is it allowed on adwords?
    The VERY LARGE issue is the repackaging. You definitely
    need to seek competent legal advice on that subject.

    Tsnyder
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    If you knew what I know you'd be doing what I do...
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    • Profile picture of the author Michael Oksa
      Originally Posted by Tsnyder View Post

      The VERY LARGE issue is the repackaging. You definitely
      need to seek competent legal advice on that subject.

      Tsnyder
      Good point Tsnyder. I don't think you could even take something like dried spinach (for example) and put it into a capsule without having to go through all kinds of regulations.

      The OP may think he has a million dollar, and maybe that's true. BUT it's not as easy as just filling some empty capsules with powder. It may be completely legitimate, but even typing my previous sentence, I think it comes across as shady.

      However, there will always be a huge market for snake oil.

      All the best,
      Michael
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      • Profile picture of the author J. Barry Mandel
        That's not the case at all.

        The vast majority of supplements out there do NOT go through "all kinds of regulations".

        Unfortunately as much of a protective body you think the FDA is, it's not.

        With so many supplements on the market there is no way the FDA has the time to go through everything before it goes onto the market.

        As far as I understand it, if there is complaints it's only THEN that they will start to look into a specific supplement that is being sold.

        For the OP, to my knowledge as long as the supplement is being sold as "food" then you can get away with selling most things.

        I think that this link would be a good start to be able to clarify what you are looking to do:
        FDA/CFSAN - Claims for Conventional Foods and Dietary Supplements

        A qualified attorney should be contacted to guide you.

        It sounds like though you are at the very beginning stages of this research and would hope that your supplement is efficacious as that will help to make the marketing angle that much easier once you are at that point. '

        Best of luck, you have my curiosity

        Originally Posted by Michael Oksa View Post

        Good point Tsnyder. I don't think you could even take something like dried spinach (for example) and put it into a capsule without having to go through all kinds of regulations.


        All the best,
        Michael
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  • Profile picture of the author The Oilman
    Thanks guys.

    Legal or not legal, I just thought someone would have some suggestions since this is a common thing that many people are into.
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  • Profile picture of the author GuruGazette
    Oilman the best (and only) suggestion anyone here should give you on this is honestly "get a lawyer".

    I've done health related copyrighting (and article writing) for years and when it comes to selling supplements there are major regulations in place. These regulations start with including specific things you have to do with packaging, specific things you cannot do with packaging, specific things you can and can't do with the marketing and ads, etc etc. Then there may be "manufacturing facility" inspections/requirements/restrictions, storage facility stuff, and the list just goes on.

    It can be an excellent niche yes, but you HAVE to CYA first or you'll end up in jail.

    Disclaimer: I'm not a lawyer and this is not legal advice.
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  • Profile picture of the author Curt Dillion
    You don't need to bother with producing a product yourself. The interesting thing about any supplement is that the ingredients are right on the label. You can find any number of manufacturers who will make up the exact same formula for you. Most likely, they already have an in-house version ready to go. This includes weight loss products.

    These manufacturers are already set up for all the legalities required for making and selling these products. You can usually get your own version for less than $5 per bottle, and that includes your own private label. These are the same exact products that sell for $30 and up.

    In the world of mail order, the shipping and handling charges cover all the costs for the product, the label, and the shipping. Promotion costs are on top of those costs.

    As far as selling these products goes, sell away.
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  • Profile picture of the author Loren Woirhaye
    Check this out : Private Label Vitamins and Supplements. - Ask the experts!

    I ran across it a couple of weeks ago.
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