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Do you need to be qualified to write a book?

by blueclcl
44 replies
If someone wanted to write an e-book on a subject like "health" Weight Loss" or "Anti-aging" ect. Then do they by law have to have qualification to prove that they know what they are talking about?

I am very clued up on a certain subject, but have no major qualifications, can I place a disclaimer that says for informational purposes only? Will this be enough to keep me from any legal matters?

Hope you understand

thanks

blueclcl
#book #qualified #write
  • Profile picture of the author Steve B
    Blue,

    If you're worried about legal matters the best solution is to seek competent legal advice. Asking warriors for your own peace of mind is dangerous.

    Good luck to you,

    Steve
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    • Profile picture of the author blueclcl
      Originally Posted by Steve B View Post

      Blue,

      If you're worried about legal matters the best solution is to seek competent legal advice. Asking warriors for your own peace of mind is dangerous.

      Good luck to you,

      Steve
      Your right Steve, just hoping someone may have some previous experience in this field..Money is the only obstacle with seeking legal advice.
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      • Profile picture of the author research
        You don't need qualifications to write an eBook . . . but you really do need to know what you are talking about.

        Whatever you choose to write about, never make any false claims about your "professional" qualifications. Don't claim to be a Doctor or any other such professional. You do this and you can find yourself in DEEP trouble.
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    • Profile picture of the author davidtye
      It depends on the subject - but it is best to qualified or at least make sure you hire a qualified writer if you hire one to do the book.
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  • Profile picture of the author bnorton2010
    You don't need any qualification to write an eBook. I've written many, but only on subjects that I have studied thoroughly. Write about whatever you want, but make sure you are providing value, or else you will get bad reviews and won't make any sales.
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  • Profile picture of the author Brent Stangel
    on a subject like "health" Weight Loss" or "Anti-aging" ect.
    I don't know about the UK but here in the States you can get in deep trouble with any kind of "medical" claims.
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    • Profile picture of the author blueclcl
      Originally Posted by Brent Stangel View Post

      I don't know about the UK but here in the States you can get in deep trouble with any kind of "medical" claims.
      It's a product on nutrition, I would be advising people on good diet choices and general weight loss advice and a recommended diet.

      I have studied hard in this field and have completed foundation courses, but they are not enough to certify me a fully qualified nutritionist.

      I know plenty of people write ebooks on subjects that they are not professionally qualified in, but just wandering if anyone was clued in these matters on here..

      Thanks for your reply.
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  • Profile picture of the author Rory Singh
    No I don't believe that you have to be 'qualified' traditionally. But I could be wrong. There are far too many 'qualified' people writing books that offer next to nothing in value.

    If you know that you have value to share and you are really knowledgeable in that area, then please do get your book out.

    The market place needs more value that's for sure!
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    • Profile picture of the author JohnMcCabe
      Judging from the copious amounts of digital horse apples on Kindle and Clickbank, I'm guessing that there is no legal requirement to write a book.

      However, you have to be extremely careful (certified or not) in what you claim for the product. There are a lot of hucksters out there claiming to "cure" crotch rot or some other embarrassing "desperate buyer" condition just begging to get sued - either by someone dumb enough to believe them or their government.

      And a few weasel words in the front of your book won't protect you from liability should you make one or more illegal claims.

      [Insert standard IANAL CYA]
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      • Profile picture of the author blueclcl
        Originally Posted by JohnMcCabe View Post

        Judging from the copious amounts of digital horse apples on Kindle and Clickbank, I'm guessing that there is no legal requirement to write a book.

        However, you have to be extremely careful (certified or not) in what you claim for the product. There are a lot of hucksters out there claiming to "cure" crotch rot or some other embarrassing "desperate buyer" condition just begging to get sued - either by someone dumb enough to believe them or their government.

        And a few weasel words in the front of your book won't protect you from liability should you make one or more illegal claims.

        [Insert standard IANAL CYA]
        Thanks for the reply...so a simple "this product will help you to lose weight" is this a statement to worry about? Or do you mean statements like "this will cure cancer"?
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        • Profile picture of the author savidge4
          Originally Posted by blueclcl View Post

          Thanks for the reply...so a simple "this product will help you to lose weight" is this a statement to worry about? Or do you mean statements like "this will cure cancer"?

          The minute you put the word "You" in a statement is when the flag for liability goes up. "This program helped ME loose weight" Is by far safer!
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        • Profile picture of the author JohnMcCabe
          Originally Posted by blueclcl View Post

          Thanks for the reply...so a simple "this product will help you to lose weight" is this a statement to worry about? Or do you mean statements like "this will cure cancer"?
          Both.

          Words like "will" and "you" create promises you aren't qualified to make.

          Change "will" to "may" and you're on much safer ground.

          Or, as savidge4 phrased it, "this is what helped me and might help you, too" statements that you can prove are pretty safe when coupled with the standard CYA statements you see in just about every nonfiction book.

          Mostly, just avoid making promises you can't prove you can keep.

          Look at any of the quack diet aids. They play sleazy tricks like "You will lose weight by taking Pocketpicker Miracle Fat Burner Pills*"

          *when combined with a reduced calorie diet and increased exercise plan.
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          • Profile picture of the author blueclcl
            Originally Posted by JohnMcCabe View Post

            Both.

            Words like "will" and "you" create promises you aren't qualified to make.

            Change "will" to "may" and you're on much safer ground.

            Or, as savidge4 phrased it, "this is what helped me and might help you, too" statements that you can prove are pretty safe when coupled with the standard CYA statements you see in just about every nonfiction book.

            Mostly, just avoid making promises you can't prove you can keep.

            Look at any of the quack diet aids. They play sleazy tricks like "You will lose weight by taking Pocketpicker Miracle Fat Burner Pills*"

            *when combined with a reduced calorie diet and increased exercise plan.
            Thanks some good advice..

            So for my sales page then I would be better off saying " This is how I fixed my problem, feel free to copy my plan of action as the results may surprise you" or is that still making promises. ? Will this affect my sales rate?

            Can I use words like healthy diet, healthy lifestyle choices.

            Almost all of the lose weight products seem to make bold promises.

            Regards

            Blueclcl
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            • Profile picture of the author JohnMcCabe
              Originally Posted by blueclcl View Post

              Thanks some good advice..

              So for my sales page then I would be better off saying " This is how I fixed my problem, feel free to copy my plan of action as the results may surprise you" or is that still making promises. ? Will this affect my sales rate?
              You are making a promise, but it's a reasonable one that you can back up. The credibility of a personal story may even help your sales rate over making medicine show claims.

              Originally Posted by blueclcl View Post

              Can I use words like healthy diet, healthy lifestyle choices.

              Almost all of the lose weight products seem to make bold promises.

              Regards

              Blueclcl
              The definitions of terms like healthy diet are so fluid that you should be quite safe using them. You can make bold promises if you word them carefully. You can say "This product may change your life", as long as you don't make specific promises.
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      • Profile picture of the author aprilm
        Originally Posted by JohnMcCabe View Post

        Judging from the copious amounts of digital horse apples on Kindle and Clickbank, I'm guessing that there is no legal requirement to write a book.

        However, you have to be extremely careful (certified or not) in what you claim for the product. There are a lot of hucksters out there claiming to "cure" crotch rot or some other embarrassing "desperate buyer" condition just begging to get sued - either by someone dumb enough to believe them or their government.

        And a few weasel words in the front of your book won't protect you from liability should you make one or more illegal claims.

        [Insert standard IANAL CYA]
        What John said. If I am writing about a 'health' topic, I always include a disclaimer stating that I am not a doctor, or a qualified professional, and that the information presented in the book is for informational purposed only and is the sole opinion of the author, and that I will not be held liable for any misuse of this information. The disclaimer reads in a variety of ways depending on the topic.

        I am careful not to write about things I KNOW only qualified professionals should be writing out, though.
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  • Profile picture of the author harvie316
    all you need is a computer
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  • Profile picture of the author palmtrees
    This is America. You can write whatever you want, you just can't make bogus health claims.
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  • Profile picture of the author blueclcl
    So as long as I dont write bogus health claims then thats fine?
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  • Profile picture of the author mark healy
    If your writing an ebook no you don't need to be qualified, yes you need to know what your talking about but that comes in time and research.This is one of the things that holds people back they think they need to get a badge of honour to be branded an expert, the term is relative, as long as you know more than the average person your an expert in their eyes.Write with passion.

    cheers

    Mark
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  • Profile picture of the author Robert Boduch
    By all means, share your wisdom and add lots of helpful quotes throughout from those with official qualifications. Don't be afraid to share your own personal experiences either -- just be very careful about any claims you make. I would use a "this worked for me and it could work for you too" approach rather than saying this will definitely help you lose weight, cure disease etc. Write like a competent ghostwriter or journalist would be seeking multiple sources to back up the information you share.
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  • Profile picture of the author Raelyn Tan
    Hi, you can try having a disclaimer instead:


    MEDICAL WARNING & DISCLAIMER The information in this website is not intended as medical advice or to replace a one-on-one relationship with a qualified healthcare professional. It is intended as a sharing of knowledge and information from the personal research and experience of xyz. We encourage you to make your own health care decisions based upon your research and in partnership with a qualified health care professional.

    Always work directly with a qualified medical professional before attempting to treat any illness or medical condition with diet and lifestyle, or when changing or discontinuing any prescription medications. Always ask your doctor before making any changes in diet when you have an existing medical condition. Always check with your doctor before starting any new diet or fitness program.

    The nutrition information provided in this website is approximate and based on x. Nutrition data was obtained from the USDA National Nutrient Database for Standard Reference, Release 22. Actual nutrition values may vary based on factors including, but not limited to, size of produce, freshness, processing, geographic region, and season.



    Adding a disclaimer makes people trust you more plus prevents you from getting into trouble should the worst (having a legal lawsuit) happen.

    Hope this helps.
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  • Profile picture of the author Mark Singletary
    Even "common sense advise" can get a person in trouble.

    For example, many people say eating shellfish is good low fat food but they don't take into consideration those that will die from eating shellfish due to allergy.

    Many people say that eating grains is good but they don't take into consideration those that have some sort of gluten intolerance.

    Many people say that women should take extra calcium as a supplement but fail to mention the men that need to take it even more than any woman.

    A person may say "well that reader KNEW he was gluten intolerant, allergic to shellfish, etc. and it's his fault". Some times people DO NOT know because allergies can come on out of the blue.

    Product owners that think that consumers need to have common sense and exercise good judgment such as hot coffee is hot and if you aren't careful and spill it on your leg it may hurt has never stopped consumers from filing and winning lawsuits.

    Mark
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    • Profile picture of the author blueclcl
      Originally Posted by Mark Singletary View Post

      Even "common sense advise" can get a person in trouble.

      For example, many people say eating shellfish is good low fat food but they don't take into consideration those that will die from eating shellfish due to allergy.

      Many people say that eating grains is good but they don't take into consideration those that have some sort of gluten intolerance.

      Many people say that women should take extra calcium as a supplement but fail to mention the men that need to take it even more than any woman.

      A person may say "well that reader KNEW he was gluten intolerant, allergic to shellfish, etc. and it's his fault". Some times people DO NOT know because allergies can come on out of the blue.

      Product owners that think that consumers need to have common sense and exercise good judgment such as hot coffee is hot and if you aren't careful and spill it on your leg it may hurt has never stopped consumers from filing and winning lawsuits.

      Mark
      How would that be the product owners fault? Or do you mean that you should put a disclaimer on the product and sales page to cover you; saying always check if you have any food intolerance or allergies before eating said food, even if you dont think you do have?

      Like a bag of peanuts has a warning saying " These nuts contain nuts"

      Regards

      Blueclcl
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      • Profile picture of the author Mark Singletary
        Of course a product owner can't cover every conceivable scenario that a consumer may be in. But that's what makes giving advice of any kind difficult and prone to causing trouble for the advice giver.

        It becomes the product owner's problem when the judge says it does.

        I'll give you a recent example, that while not related to health, shows how weird things can get. A recent court case in the United Kingdom requires the leader of a church that is based in the United States to go and answer questions and prove the truthfulness of what the church is teaching.

        Those teachings come in the form of speeches, 1-1 interaction, and written material.

        If it's found that by the Court in the UK that the teachings of the religion are not true then the church and leaders could be fined, jailed, etc. because they "fraudulently" took financial offerings (voluntarily given) by members for something that wasn't true.

        How in the world does anyone prove their religion is true? It doesn't matter what flavor it is, religion of almost every sort is a very personal experience that is based more on faith or inner feelings than scientific proof.

        But if a judge can require someone to prove their religion is true, then they can require you and me to prove that we are qualified to write an ebook.

        Many of the people here that write health related books are NOT qualified, and are in it for their own personal gain only and don't have any sense of decency, morality, legality and don't care either because they have a churn and burn business. Give people hope that their embarrassing illness can be resolved with this ebook written under a pen name and then if it all falls apart - so what? There are more lists of embarrassing and desperate health issues that can be exploited, domains are cheap, and pen names are unlimited.

        I'm not trying to discourage you. I'm trying to say that no matter what advice you get here or even from a lawyer, only a judge and perhaps jury can decide if you are adequately qualified. Should that stop us? It doesn't me but I don't sell lies to sick people.

        Mark

        Originally Posted by blueclcl View Post

        How would that be the product owners fault? Or do you mean that you should put a disclaimer on the product and sales page to cover you; saying always check if you have any food intolerance or allergies before eating said food, even if you dont think you do have?

        Like a bag of peanuts has a warning saying " These nuts contain nuts"

        Regards

        Blueclcl
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        • Profile picture of the author JohnMcCabe
          Common sense is almost an oxymoron these days.

          Another case...

          Several years ago, two neighbors wanted to go to a ballgame but their wives indicated that they had to trim the hedge between their yards first.

          One of the neighbors had the brilliant idea of starting the power mower. Then he and the other guy would each grab the wheels on one side. They'd lift the mower above the edge and walk along while the mower trimmed the top of the hedge.

          One neighbor stepped on a rock and slipped, and the other caught the mower, severing several fingers.

          He sued the mower manufacturer because there was no label warning him against putting his hand under the mower when it was running. He won.

          Now all power mowers have conspicuous warning labels advising you not to stick your fingers in a spinning mower blade.
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      • Profile picture of the author savidge4
        Originally Posted by blueclcl View Post

        How would that be the product owners fault? Or do you mean that you should put a disclaimer on the product and sales page to cover you; saying always check if you have any food intolerance or allergies before eating said food, even if you dont think you do have?

        Like a bag of peanuts has a warning saying " These nuts contain nuts"

        Regards

        Blueclcl
        You need look no further than McDonalds and 1 cup of spilled coffee.
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        • Profile picture of the author Myles Sinclair
          Originally Posted by savidge4 View Post

          You need look no further than McDonalds and 1 cup of spilled coffee.
          There are some "challenged" people out there, and that includes Judges!

          I'm surprised no one has yet sued a ladder manufacturer for omitting warnings that going up a ladder may cause acrophobia! Or maybe shoe manufacturers have a case to answer for not warning that walking too far may cause blisters! Lol.
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  • Profile picture of the author Sarevok
    Well there's legality and morality.

    Legally you have freedom of speech. So you can put a "creative spin" on just about anything right? Just be sure to publish within ethical boundaries... Or Karma might come to collect.

    I remember I was in a "Small Business" class once... And the professor was talking about the book "Cures They Don't Want You to Know About"... (Or whatever it's called).

    The professor (and much of the class) blatantly called the guy a scammer... A fraud.

    BUT - other students thought his stuff was legit.

    So... Where the cookie crumbles will OFTEN be a topic of conjecture... At least morally...

    But seriously... For legal questions? You shouldn't be asking us.

    Because we aren't your legal council.

    My advice? - Get one.

    :]

    (I bet you can find one for super cheap if you do some legwork... Legal advice doesn't have to cost an arm and a leg these days).

    Stay cool
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  • Profile picture of the author Samuel Adams
    Very few people who write ebooks are qualified in any real or legal sense to dispense good advice. But, amazingly people buy their ebooks and take the advice. As for whether or not you should be giving medical or legal advice in an ebook, you might want to hold off doing that. If you are not a doctor or lawyer, then you could face serious consequences.
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  • Profile picture of the author gzeus
    As long as you make sure that you strictly specify that the person consult with a physician before implementing any of your positions on anything. Also make sure that you specify the information is for "entertainment purposes", and does not constitute advice.
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  • Profile picture of the author wbee
    Putting a disclaimer should do it. but if you're really hesitant then consult with a legal profesional. On another note, if it's a book about your own personal experience then simply putting a notice stating that should be fine.
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  • Profile picture of the author Wizardofwisdom
    Originally Posted by blueclcl View Post

    If someone wanted to write an e-book on a subject like "health" Weight Loss" or "Anti-aging" ect. Then do they by law have to have qualification to prove that they know what they are talking about?

    I am very clued up on a certain subject, but have no major qualifications, can I place a disclaimer that says for informational purposes only? Will this be enough to keep me from any legal matters?

    Hope you understand

    thanks

    blueclcl
    You don't have to be qualified to write anything, but if you give out advice that may cause some harm, (e.g. medical, keep fit, legal stuff etc. etc.) then I think it would be a good idea to know what you'd say in court!

    I don't mean to be alarmist, but if you think "worst case scenario" and you're certain you're covered for it, then you've given yourself the peace of mind you need.

    You don't say what the subject is that you're clued up on, ("Brain Surgery For Dummies" could be a little risky for example), but for my money, many topics would be okay as long as you are crystal clear that you're not qualified, merely well clued up.

    Anthony Robbins has no formal qualifications in psychology, psychotherapy, counselling etc, but has probably helped more people to a better life than a whole army of those qualified folks.

    Ultimately, I'd say, if in doubt, check with a qualified legal professional. (And now I've covered my a**e!)
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  • Profile picture of the author Jason Kanigan
    Originally Posted by blueclcl View Post

    If someone wanted to write an e-book on a subject like "health" Weight Loss" or "Anti-aging" ect. Then do they by law have to have qualification to prove that they know what they are talking about?

    I am very clued up on a certain subject, but have no major qualifications, can I place a disclaimer that says for informational purposes only? Will this be enough to keep me from any legal matters?

    Hope you understand

    thanks

    blueclcl
    Do not share unsupported claims.

    You do NOT have to be an expert to write a book--many people have done research and compiled a book, even with a thesis. Good To Great, Outliers, In Search of Excellence, The World Is Flat: all examples of books put together by non-experts...who then became experts because of the positioning and by virtue of having done the work and understanding the subject.
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  • Profile picture of the author Moneymaker2012
    hello,
    You don't need to be qualified or having any certificate or degree to write a book but its necessary to have much knowledge about what you are writing so this will be helpful for readers and more effective for your profit.
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  • Profile picture of the author akash47
    You don't need to have an amazing reputation and be qualified to write about something. Sure, knowing what you're writing about would make it significantly easier, but you can always learn while you're writing.
    As long as the completed product is good, nobody will care how much you knew about the topic before you started writing.
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    • Profile picture of the author Samuel Adams
      Originally Posted by akash47 View Post

      You don't need to have an amazing reputation and be qualified to write about something. Sure, knowing what you're writing about would make it significantly easier, but you can always learn while you're writing.
      As long as the completed product is good, nobody will care how much you knew about the topic before you started writing.
      Just write from your own experiences if you are planning to publish an ebook. And, do the best you can with research. Avoid topics which could require credentials such as legal advice. But if the subject is about internet marketing or weight loss, you can always provide your own experiences with the subject.


      Also, for some subjects, it really helps being knowlegable about the subject before you start writing and not simply learning as you go along. Maybe some people are good at spinning out content in a way that makes themselves look like experts.
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  • Profile picture of the author Edward W Smith
    When it comes to marketing the book, part of the "sell" will rest on your credentials, so ask yourself how you will look "on paper" to a potential buyer. Is it an area the buyer will expect to see "M.D." or even "Phd"? If so, think twice. When it comes to getting publicity in the mass media you may hit a roadblock. The mass media is very leery of promoting something in the medical field unless their legal department approves it and you better be ready to stand up to a real examination from them. OK, good luck, Edward Smith.
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  • Profile picture of the author wikiklix
    I'm sure with a good legal disclaimer saying its your opinion you will be ok. Or make sure you back up what you say by referencing research that has been done and other sources you have used
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  • Profile picture of the author jessicah
    No, you just have to do some serious research in order to give away correct information. And of course, it would be fair play to mention that you are not a professionist.
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  • Profile picture of the author jbsmith
    Agreed - it comes down to the claims you make, be careful on those making sure to have legit for any major claim you make and to have the caveat that just because it worked in those cases doesn't ensure that it will work for the buyer.

    Otherwise, what matters with ebooks is that:

    1. You hit the "highly emotional desire" square on
    2. You make a big (but realistic) promise. By realistic I mean that do you have proof or expectation that someone who used your material to its full potential could get the results you market (not the worst case, but the best case)
    3. Your ebook delivers what is expected and gets your top users results (this won't impact initial sales, but certainly will help word-of-mouth and limit returns)
    4. Ideally you over-deliver what is promised so that your customer is impressed (with physical products we used to call this the "thud" factor)

    Jeff
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  • Profile picture of the author Karol Z
    You could be held responsible if you suggest that your readers take part in an activity and they end up getting hurt or something of that sort. Although I'm sure this can somehow be prevented.
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