How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 1745
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
11688690
Type Your Business Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

I have several sites. Most of them are copied from the site

Customer Question

I have several sites. Most of them are copied from the site listed here. I need to know if my site is compliant with current internet laws and if not, what can I do to make it compliant. My site is: http://www.bestnaturalhealing.com

Thank you.
Submitted: 3 years ago.
Category: Business Law
Expert:  Dwayne B. replied 3 years ago.
What laws are you talking about? Why are they saying it is not compliant?
Customer: replied 3 years ago.
I am told that my site is not compiant to the new internet laws and with the policies of the company Stemtech which I am a member. Now, when I created this site many years ago, I read Stemtech's policies and had their legal team review my site and I was given the OK on my site that I can use it. I was told by their legal team that as long as I don't mention the comany name, their products or use any of their pictures, that I'm OK. I have not changed this site since it's birth except in the price changes.

I find out yesterday, that Stemtech has suspended my account because my site is not compliant with the new internet laws and with their policies. They said they have been trying to reach me for weeks, but I have searced all my emails and phone logs for the last 2 months. No emails and I had 1 phone call on 10-18-2010 but the person hung up and didn't leave a message. Unless I look up phones calls on a log sheet, there is no way I would have known anyone called me unless they leave a message for me.

I called customer service and asked for their latest policy. I will get that today. Also I confirmed all contact info they have on my account.... it is all correct.

Something is not right.

Can you look at my site and tell me if I need to upgrade my site to meet any new internet law so I can be compliant? I thought I was, but obviously StemTech thinks I'm not. Below is a copy of what their representative said to in their email to me.
my site that I have used as my main reference to copy for other sites:

http://www.bestnaturalhealing.com


the part that was said about this issue from the representative:

We sent emails to both the email address you just emailed us from and another address (see attached), and I tried calling too, but to no avail. Because we could no longer subject Stemtech to the serious legal risks created by the medical claims on your site in today’s strict regulatory environment, we were left with no choice but to suspend your distributorship as a protective measure until you contacted us to rectify the situation.

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.



Thank you JD.
Customer: replied 3 years ago.
Hi JD,

I just got off the phone from the Stemtech representative. All he wants is for me to take off the content referring to a product such as how much I take, the cost etc. and then if anyone is interested, they can call me or email me. This is what they want from their policy. I can live with that. So that issue is complete.

What I need from you is this. I want to make sure that I'm updated in my compliance with internet laws. Evidentally, there have been changes since I have created my websites years ago.

My first and most important site is:
http://www.musicbymarcey.com

and my other site about the stem cells is:
http://www.bestnaturalhealing.com

I want to make sure that I have the most updated disclaimer to protect me and that
my content is in compliance with the lastest internet laws.

I await your answer. Thank you for all of your support. Laughing
Marcey
Expert:  Dwayne B. replied 3 years ago.
I am going to have to opt out of this one since what their main complaint was is that the website may be crossing the lines regarding advertising per the FDA rules which are incredibly complex. No need to respond, another expert should pick up at some point.
Customer: replied 3 years ago.
thank you for your time and have a good weekend.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions