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I'm looking into getting into the nootropic business but…

Ma'am, I'm looking into...

Ma'am, I'm looking into getting into the nootropic business but instead of doing a store front I'm looking to do a more personalized approach.

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Texas and No ma'am, I actually didn't mean to hit send, my idea is to me with clients individually and build them a personalized supplement group based apon their needs and wants and would then order based specifically on that. What do I need to do since these are a gray area with the FDA. I know I need an EIN and business license but after that what would I need to do to protect myself and interest? Thank you

Lawyer's Assistant: Has anything been officially filed? If so, what?

Not yet, I'm still gathering market data and surveying the surrounding demographic.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

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Answered in 1 minute by:
9/14/2017
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 125,303
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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If you are going to get into this business, you cannot advertise or tell customers that any of this will cure any type of disease, disorder or illness nor is it able to treat such. This will keep you out of trouble with the FDA which does not regulate natural supplements.

Your business needs to just be a natural supplement advisor and sales, you can provide the nutritional and exercise and supplement plan based on their needs, but you cannot hold yourself out as a dietitian or anything that requires licensing. People do that all the time, so you should have no issues here just putting together as a natural supplement consultant.

Once you obtain your LLC in Texas or Corporation, your choice, then you would obtain your EIN and any local business license required. You have to pay sales tax on any supplement sales in Texas so you need to register with the Texas Department of Revenue when you get your EIN.

That is the best way to protect yourself and conduct the business you want to conduct.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Business Law
Satisfied Customers: 125,303
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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Customer reply replied 9 months ago
Thank you that was exactly what I was needing to know. Other than advertising is there any other instances where FDA could be an obstacle? Say if a customer has an unforeseen adverse reaction to a supplement, what could I do to minimize liability or at least set myself to where the customer understands the the potential risks of taking an supplement

Thank you for your reply.

The FDA does not regulate these supplements so they do not get involved. The Consumer Product Protection Bureau may investigate something like that, but they just investigate to see if there were impurities in the substances. If the supplements are regular supplements, they are not regulated.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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