Basic Training: N is for Never Practice Medicine without a License

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 March 1, 2015 in Form a Company

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You’d think that would be self-explanatory. But with the proliferation of the internet, holistic products and that gray area of “wellness,” who’s to say?

Today’s Basic Training entrepreneur already had a website selling a product that’s 100 percent natural. She didn’t disclose the product to me but says that it could be perceived as medicine (and she even used it that way). She was more concerned with her website text. But there are several more significant issues she needs to consider with holistic products before she gets to that stage:

  1. Has she set up her business as either a corporation or LLC (not as a sole proprietor)?
  2. Does she need special permissions from the state to sell her kind of products?
  3. Does she have the right liability insurance in place to guard against any customer claims or complaints?

All of that needs to be in place before (or while) she worries about developing the website content. Otherwise, she could find herself totally exposed if a disgruntled customer chooses to sue over a health-related issue.

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