Legal Ramifications Question for David and Richard

By Lin Porter in 22 Oct 2021 | 22:03
Lin Porter

Lin Porter

Student
Posts: 6
Member since: 31 Jul 2020
Hi David and Richard, Could you please give me your view on this "sticky" situation? I've been asked by my cousin, who lives in Austria, to edit an Austrian herbal company's marketing brochure that is being published in German and English. The company has distilled oil from the Pinus mogu and Pinus cembra species and used it in their products for generations. My cousin is working for an Austrian publisher and has already translated the contents of the brochure from German (her native language) to English. She asked for my help with English grammar. I discovered there was more needed than correction of English grammar - there were many claims about the products' actions and indications, none of which were cited. When I brought this to her attention, she talked to the publisher and they would like my help in "softening" the claims. I'm uneasy about simply adding words such as "used traditionally as a folk remedy for...." or "has been used to help with respiratory afflictions", as an example. A disclaimer would definitely be needed....perhaps a review by the Austrian equivalent to Consumer Product Safety or Food and Drug Administration, if these exist? What else could I recommend they do? I have limited knowledge of the legal ramifications, if I were to pursue this task. I do have a Masters in Herbalism from MUIH, a post Masters certificate in Clinic Herbalism also from MUIH, experience working in an herbal dispensary and about 10 years of experience in the herbal field in general. However, I realize my limitations and am inclined to do only the editing of the grammar. Richard, I attended an excellent session, years ago at an AHG conference, that you conducted on the legal aspects of conducting an herbal business. And David, I suspect this issue is not new to you! I hope you will give me your thoughts and recommendations about how to proceed. Thanks for your time, Lin
22 Oct 2021 | 22:03
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David Winston

David Winston

Instructor
Posts: 858
Member since: 22 Sep 2020
Well first of all where is this products going to be sold ? Every country (although in Europe it is mostly EU policy) has regulations that need to be adhered to for advertising products (this includes herbal products). I have no clue as to the EU regulations (Austria is part of the EU), or for instance Swiss regulations (they are not part of the EU). If you correct it , you should not have any legal liability, it is the company that is selling the product and making claims that has the liability. The company and publisher need to look at the regulations of the countries where this will be sold and then let you know what can be said or and what cannot in reference to the products. Then you can soften the language to whatever is allowed.
25 Oct 2021 | 14:50
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