Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have a Doctor of Dental Surgery Degree DDS, and i am packaging

herbal combinations (drinks/powder) products I...
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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
7/15/2013
WALLSTREETFIGHTER
Category: Legal
Satisfied Customers: 17,252
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
Verified

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!

WALLSTREETFIGHTER
Category: Legal
Satisfied Customers: 17,252
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
Verified
WALLSTREETFIGHTER and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask WALLSTREETFIGHTER Your Own Question
WALLSTREETFIGHTER
WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17,252
17,252 Satisfied Customers
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney

WALLSTREETFIGHTER is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does the name on an insurance card in New Jersey have to
Does the name on an insurance card in New Jersey have to match the car's registration? Can I buy an insurance for somebody else's car but the insurance under my name?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
Which State division oversees title insurance companies and
Which State division oversees title insurance companies and what is a contact address for filing a complaint against a title insurer. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,464 satisfied customers
I bought an insurance package from barclays insurance which
hi there, i bought an insurance package from barclays insurance which should cover only 1 year, but the company was charging me for more than 3 three years, so i requested a refund last year, though s… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I'm having a problem with the insurance of the business that
I'm having a problem with the insurance of the business that hit my car parked legally. The business that hit my car is claiming that the injuries were minor and don't want to pay for the whole body d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
Is it legal for an insurance company to depreciate for
is it legal for an insurance company to depreciate for damages suffered due to hurricane such as roofs? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm from Guam, Insurance Underwriter of Century Insurance.
I'm from Guam, Insurance Underwriter of Century Insurance. Our Question is, Does Hawaii Insurance Statute mandates the carrier or the agent insuring the risk in Hawaii be licensed by the State of Hawa… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have general liability insurance and builders risk
i have general liability insurance and builders risk insurance, i had my property surveyed by a professional survey "it was done right gps located loved and all" my excavtor has general liability also… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
This is an Insurance law Question. An insurer appointed a
This is an Insurance law Question. An insurer appointed a law firm to represent the insured. The Attorney claims he is representing both the Insurer and the Insured. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
My insurance company auto insurance deny a claim to get a
My insurance company auto insurance deny a claim to get a repair done to my vehicle my vehicle is in the shop since September 5 the shop where my vehicle is said that the motor to the back hood of the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I got a ticket for no insurance. I didnt know insurance
I got a ticket for no insurance. I didnt know insurance company cancelled my policy. So now im at court and prosecutor is saying they gon suspend my liscense. And its my first offense i also drive for… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I have cancelation insurance for flights from two insurance
I have cancelation insurance for flights from two insurance providers can I file a claim on both inurances … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
If I only have liability insurance and the opposite side is
If I only have liability insurance and the opposite side is at mistake do they have to cover alll my expenses in NC… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
1998 TOYOTA COROLLA-AUTO ACCIDENT-LIABILITY INSURANCE Our
1998 TOYOTA COROLLA-AUTO ACCIDENT-LIABILITY INSURANCE Hello Our 1998 toyota corolla was damaged in an auto accident in Houston Tx.. 01/17/2017.The other driver was ticketed. She drove out of a club pa… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
The question, "Do you have liability insurance or are you
The question, "Do you have liability insurance or are you aware of any other form of indemnity which you claim is applicable to this accident?" Part is property damage & part is personal injury in my … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I still receive repairs on liability insurance when I am
Can I still receive repairs on liability insurance when I am not at fault of an accident? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
Question About Product Liability Insurance: I am the
Question About Product Liability Insurance: Hi, I am the President/Owner of a S-Corp that sells water filtration products. I'd like to better understand what is involved if one of our products leaks a… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x