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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I have a Doctor of Dental Surgery Degree DDS, and i am packaging

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I have a Doctor of Dental Surgery Degree DDS, and i am packaging herbal combinations (drinks/powder) products I know the 'supplement' industry is not as regulated. At first they will be sold ONLINE... maybe later at lectures or at Whole Foods like stores.
What is the product liability for me or my LP . Do I need Liability insurance or a sold disclaimer and product warning that I see me competitors are doing. And any recommendations on the labeling?

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

Have you produced these products?

Customer:

These are herbal powders purchased from miscellaneous manufacturers...the blend is mine, hoping to be able to keep 'proprietary'

WALLSTREETLAW :

What you should do to protect yourself is to create a separate corporation for this business,

WALLSTREETLAW :

it should be not associated with your Dental practice in any way,

WALLSTREETLAW :

By creating an LLC f for this business, you can sell the product under a trade name,

Customer:

I am operating by a name, but using one of my LP's credit card /pay Pal...is the LP protection same as Corp?

WALLSTREETLAW :

you should have a clear disclaimer and obtain some type of insurance for the business, however if done correctly, the new corp should protect your personal assets,

WALLSTREETLAW :

It may have the same protection, however it is better to have a separate Corp for this business,

WALLSTREETLAW :

you do not want to be sued personally for any issues,

Customer:

Can the Trade name be different than the LP ( if LP is ok? )

WALLSTREETLAW :

yes

Customer:

Yes, separate LP is in place doing business

WALLSTREETLAW :

I would prefer a LLC, instead of an LP

Customer:

The Liability question, I am guessing is what you are referring to protection under a Corp or LLC would be for allergic reaction etc, although disclaimer. Is there particular food insurance?

WALLSTREETLAW :

It would not be food insurance, you would obtain

WALLSTREETLAW :

Products liability insurance for the dietary supplement industry

WALLSTREETLAW :

you should obtain this, and that will protect you

WALLSTREETLAW :

The LLC, would protect your personal assets, if you are sued,

Customer:

As for labeling anything I need to put on...I was hoping to make it a 'secret formula' on the labeling...but read something about only 2% items in formula can be hidden, and maybe quantities of mixture of herbs? Can I keep all ingredients or partial 'secret'...how would labeling of these work?

Customer:

Hello??

WALLSTREETLAW :

the Dietary Supplement Health and Education Act (DSHEA) amended the FFDCA, in part, by defining "dietary supplements," adding specific labeling requirements for dietary supplements, and providing for optional labeling statements.

WALLSTREETLAW :

if this is not a dietary supplement,

WALLSTREETLAW :

you may be able to avoid the strict regulations,

WALLSTREETLAW :

however you should have an agency review the product to advise you the best way to list the ingredients,

WALLSTREETLAW :

I would use a company such as the one linked above to provide you the best way to label your product,

WALLSTREETLAW :

FDA law states that spices and flavors need not be listed individually. Natural and artificial flavors can be grouped together without specific details, and incidental additives, such as processing aids, don't need to be listed unless they have a functional or technical effect on the finished product.

WALLSTREETLAW :

You may be allowed to keep your formula or secret hidden, however this has to be carefully reviewed, to be compliant with the FDA and other regulations

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback.,

Customer:

You were terrific, thank you!

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