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Infolawyer, Attorney
Category: Business Law
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Experience:  Experienced lawyer
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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:

Thank you.
Submitted: 6 years ago.
Category: Business Law
Expert:  Dwayne B. replied 6 years ago.
What laws are you talking about? Why are they saying it is not compliant?
Customer: replied 6 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:

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 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 6 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:

and my other site about the stem cells is:

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
Expert:  Dwayne B. replied 6 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 6 years ago.
thank you for your time and have a good weekend.