Every clinical practice, dietary supplement manufacturer or distributor, and wellness or integrative care clinic needs a website disclaimer.
An appropriate Website disclaimer has many elements. For example, in a clinical practice or health care center (or medical spa) one should disclaim the existence of a physician – patient relationship (or, patient relationship with a health care provider other than medical doctor). There are also disclaimers regarding product claims that need to be made out of concern for relevant food and drug (FDA) law rules. Next are disclaimer statements regarding licensing, which pertains to state law. There are also disclaimer statements to satisfy the Federal Trade Commission (FTC) with regard to claims as well, and also testimonials.
Here is one example of a disclaimer we drafted for a client:
The statements on the product labels have not been evaluated by FDA and the products are not intended to diagnose, treat, cure or prevent any disease or medical condition. Nor are the products intended to be rubbed, poured, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. Rather, the products are meant to address energetic blockages that may have an impact on wellness and energetic balance, facilitating the body’s natural ability to bring itself to homeostasis, which may have an impact on health and well-being.
The contents of this website are for informational purposes only and do not render medical or psychological advice, opinion, diagnosis, or treatment. The information provided through this website should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, you should consult your appropriate health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Links on this website are provided only as an informational resource, and it should not be implied that we recommend, endorse or approve of any of the content at the linked sites, nor are we responsible for their availability, accuracy or content.
Any review or other matter that could be regarded as a testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of any consultation. The testimonials on this website represent the anecdotal experience of individual consumers. Individual experiences are not a substitute for scientific research.
In this case, we also had to be mindful of FDA rules regarding cosmetics as well as drugs and dietary supplements.
If you need a website disclaimer, call our law office for advice.
Michael H. Cohen is a California, New York, Massachusetts, and Washington, D.C. lawyer and providing business legal advice to entrepreneurs, and health care law advice to businesses and clinicians in the wellness industry. He represents individual entrepreneurs whose businesses are taking off vertically. He also advises medical spas and integrative medicine clinics, physicians, chiropractors, naturopathic physicians, massage therapists, energy healers, nutritionists and herbalists and others, as well as companies with new technologies including quantum, resonance, and other bio-energy devices. He is also known as a spiritual lawyer, because of his interest in numerous alternative medicine modalities, and in advising entrepreneurs and businesses with legal advice that is grounded yet intuitive. Read the Entrepreneur’s Legal Toolkit for legal issues affecting small, medium, and emerging businesses. Michael also sponsors Being Central, a Portal for Potential. To speak with a lawyer about health care law issues pertaining to complementary and alternative medicine, or to consult a business lawyer about legal issues for entrepreneurs and new enterprises that are organizing or seeking investors, contact the Law Offices of Michael H. Cohen today.