Basic Training: R is for Re-evaluating Your Road Map, Website or Not

Nina L. Kaufman, Esq.

Nina L. Kaufman, Esq.

Nina L. Kaufman, Esq., owner of Ask The Business Lawyer, is an award-winning business attorney, speaker, and Entrepreneur Magazine online contributor. She saves consulting and professional services companies time, money, and aggravation by serving as their outsourced legal counsel.

Posted on May 29, 2014 in IP & Social Media

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Is Mercury in retrograde? Because it seems that I’m encountering a lot of people who are rushing into selling stuff, with nary a thought for how to run it like a business.

Q.: “I have a website I’d like to start. It’s currently online and I would like to sell a product that is 100 percent natural, that could be perceived as medicine. Yes, I used it for this but it could be used for a lot of different things. My questions are: Is the website OK? If not, what’s involved to have this rewriten to be OK?”

A.: This is my beef: Whatever this website maven chooses to sell through the site, he needs to be very careful that he’s not perceived as practicing medicine without a license. He’ll want to make sure he has set up a business as either a corporation or LLC (and is not doing this as a sole proprietor); he may need special permissions/licensing from his state to sell his kind of products. In addition, he’ll want to be sure he has the right liability insurance in place to guard against any customer claims or complaints. That needs to be in place as he’s developing the website content. Otherwise, he’s spending a lot of time and money creating content and setting up the website, which might have to be dismantled if he’s doing business illegally in his state.

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