To get an idea of how serious the legal consequences can be, please look at the attached PDF document, FTC v SeaSilver, which summarizes a case in which the defendants were making claims similar to what’s on your own website. Please note that the company was fined several million dollars, one of the distributors was fined $1 million and another distributor was fined $500,000.
It’s important to understand that your site is clearly a commercial website because it promotes specific products, encourages consumers to contact you to order those products, and results in commercial gain for you when a consumer orders those products. Therefore it is governed by the Uniform Commercial Code and is subject to commercial laws that are not related to your First Amendment rights. One of those laws is that medical/curative claims cannot be made regarding the products you are promoting, unless those products have specifically been approved by the FDA for such purpose. Because the testimonials on the site are curative in nature they are construed to be medical claims and are therefore considered to reclassify our nutritional supplements as unapproved drugs, creating unacceptable legal risks for both Stemtech and you.
You are correct that your beststemcells.biz site does not specifically mention the products by name however it would be very clear to a regulator that you are selling something by virtue of certain content such as pricing and how to get the products, so all they would need to do is contact you and ask what it is.
We must therefore ask you to either remove the site or bring its contents into compliance with our Policies & Procedures as shown in Back Office before we reinstate your distributorship.
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