Keeping My Supplement Business Legal

7 replies
Hey! I'm starting an online supplement business. The product I am initially launching is a testosterone booster. I would love it if someone could kind of give me a rundown of how to keep my business as legal as possible. I've looked over the FDA website so I think that I have at least a superficial idea of the regulations. Thanks a lot!
#business #keeping #legal #supplement
  • Profile picture of the author travlinguy
    Unless you get an answer from a qualified attorney you are looking for trouble asking for legal advice here. Good luck.
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    • Profile picture of the author Joshua Lowenthal
      Travlinguy is right on the money.

      Also I would like to state that what I am about to say SHOULD NOT be construed as legal advice. So don't take it that way. Still talk to an attorney.

      I have had experience with "consumable" products before so I would at least like to try and help out someone in need. STILL TALK TO AN ATTORNEY FIRST!!!

      but if what you are selling is an anyway marketed as consumable then you will need to begin the process of having FDA testing done. You can still market your products but you will need to make sure that EVERYWHERE on your website AND on your products that "This product and any claims of it's effectiveness or safety have not been evaluated by the FDA and is not proven to diagnose, treat, or cure any diseases or ailments. The manufacturer is not liable for any claims arising from the misuse of this product"

      What this basically means is you haven't let the FDA see if what you are claiming is true and if what you are selling is even safe.

      I would tread very carefully in this type of industry as all it takes is one person to get sick and your done for. Even with disclaimers.

      I hope this helps out but you need to talk to an attorney.
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  • Profile picture of the author Josh Anderson
    Step 1: Don't ever ask for legal advice in the warrior forum ever again.

    Step 2. Consult a qualified attorney

    Step 3. Consult an even more qualified attorney

    Step 4. Consult another qualified attorney

    By the time you speak with three attorneys you will learn that:

    There are attorneys that tell you the basics
    There are attorneys that tell you what you want to hear
    There are attorneys that tell you "this is probably what the other attorney said right?" an then "Well sure, you can do that... but have you considered x, y, and z? And are you willing to spend the money it will cost to do z?"

    The advice I just gave you could save you millions.
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  • Profile picture of the author Kurt@viewswin
    Read case law. If you find cases similar to your situation you will know how the courts have interpreted the legislation in the past. If it seems fine, then you should get an attorney to make sure. There are free case databases or you might have to get a subscription to a citator through a local library, or a friend at university/college. Legislation is important but often hard to understand, reading cases is the best way to see how the courts have interpreted it. This is the best way to explore something for free, if you still think it is ok, then cough up money for a lawyer.
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  • Profile picture of the author AlexandraMarch
    Like it has been previously mentioned you need to discuss with a lawyer. Make sure you put a lot of disclaimers on your site regarding your limited responsibility and advice for the end user to see a medical advisor before using your product. Besides the legal concerns about selling the supplement, you have to consider the possibility of an iresponsible body builder that ends up with a medical condition because they took too much or something like that..
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    • Profile picture of the author ElaineBrown
      You should read applicable law and consult an attorney who specializes in the domain.
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  • Profile picture of the author Justin Maurer
    I was just asking for that firestorm. Thanks everyone for your help, I would love to get a lawyer's help except that I'm on an extremely makeshift budget. So I'm just trying to lay as low as possible starting up until the point I can invest in a lawyer's advice. And if I could thank every one of you I would, but I'm under the 6 post minimum
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