Tuesday, January 16, 2018

Do I need a license to make and sell herb dosages? How about online?

February 15, 2013 by relax  
Filed under Hypnosis Questions & Answers

Question by 123abc>:D: Do I need a license to make and sell herb dosages? How about online?
I want to make a business out of making dosages out of crushed herbs like crushed garlic and grape seeds. I was wondering if i needed a license to sell this stuff online or to be FDA approved or what not.
I also wanted to know about hypnosis and having patients being seen for hypnosis.
and i live in fairfax virginia if that helps to be more specific.

Please include your answers with good sources and thank you!

Best answer:

Answer by Mike A
The field of alternative medicine is gaining a lot of ground in this day and age. A lot of people are tired of taking chemicals they can barely pronounce into their bodies and are instead relying on natural remedies like the ones you described in brief.

One thing to consider with any kind of license is that it is going to vary by state and often times by city. If you are selling on the internet, you still need a local business license, possibly a resellers permit and quite possibly a food handlers permit. Once again, that is going to vary by state and city. Some cities have absolutely ridiculous licensing procedures whereas others have very lax ones. Some do not allow businesses to be run out of the home at all.

As far as marketing natural health products and herbal supplements, that in and of itself is a slippery slope sometimes. While you and I both know that these products do in fact have valid medicinal properties, there are some people who will question the validity of claims, and there is also the danger that you will potentially gain customers who attempt to self-medicate instead of seeking the help of a medical professional based on what your products claim to do for them. There have also been cases of people ceasing medically prescribed treatments in favor of more natural ones and dying. So you need to consider liability insurance.

Also, you would probably need to enlist the help of a lawyer to at least review the wording on your website and determine whether you could possibly be leaving yourself open to some sort of legal action. You would need to include all ingredients in every supplement, and you would need to be sure that you account for every type of contaminant that may enter into these supplements. This might include pesticides that may have been used on the plant, the potential for cross-contamination (I once bought a pack of rose petals that had small pine cones, seed pods and even a tiny screwdriver mixed in) and and impurities in the soil and water where the herbs were grown. I would even be wary of certified organic ingredients, though you might be somewhat safer that way.

All in all, with any health supplement, you run the risk of someone buying and using your product, then getting sick and possibly dying. The death might not even be related to your product, but you might be saddled with the burden of proof. Or you may have something that sets off an allergic reaction in one of your customers. So it is a dangerous practice, though having a lawyer review your site’s content before it goes live would really be your best bet. One key thing you should definitely include at the bottom of the page, (and leave an asterisk next to each and every statement this would apply to) is to clearly state “These statements have not been evaluated by the FDA”. Another statement I often see on natural health websites is “This product is sold as a nutritional supplement only. It is not intended to prevent, treat, diagnose or cure any disease or health condition. Consult your doctor if you believe your health is at risk”.

Of course you mention hypnosis. I do know you are required to obtain a hypnotherapists license in order to legally practice that form of therapy. Contact your local city hall for more information on licensing of that nature.

And that’s the best advice I can give.

Know better? Leave your own answer in the comments!

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