SOWPub Small Business Forums - If you're Marketing non-prescription "supplements"... Stay away 25 Years in Prison...

Phil,

ZOMBIE THREAD...

I'll Protect Everyone

Interesting.... it's ALL about the CLAIMS. Not whether it works or not, but the CLAIMS which don't follow certain guidelines.

Years back I was working on a Natural Arthritis Ointment. One that would remove/reduce pain blah blah blah. And my test subjects all reported favorably.

During my research into the availability of this product to the Public, I discovered a Very Closed Shop run by Big Pharma. And it ALL stemmed on the Words Used in the marketing.

There are certain words which CanNOT be used unless you have Proof - proof As Designated By the Therapeutic Goods Administration (an arm of Big Pharma companies). By the TGA's guidelines noone but Big Pharma could provide such Proof and thus is able to make such Claims.

So, to get around it, you need to be Clever. And Imply without saying. And use words that don't actually mean anything.

Example: Words likes cure are just plain out. Relief is borderline. But you could say... formulated for arthritis sufferers; may be able to help; has helpful ingredients (though this is a claim so could be out unless you're big pharma), etc.

BUT. Even then you Need to Play Their Game. The product should be registered with them so they can add it to the List. Any slight change and it is deemed a new product and thus a new registration is needed.

Example: 500mg Vit C tables. 250 in a bottle. 100 in a Bottle. Deemed two different Therapeutic Goods even though both bottles have tablets of 500mg. Because the number of tabs changes... new product. Another rego fee. Ch ching.

If they don't Approve the good and you sell it to the public anyway... Look out, look out, theirs Big Pharma lawyers about. You'll be shut down, taken to court, yadda yadda.

The media talks about Conman Peter Foster who once sold Slimming Tea. He's a conman for selling people a Tea to help them Slim. Hmmm.... why aren't the makers of the slimming teas available in the supermarket getting shut down? Because they pay the bribe money to the TGA. And because it's on the supermarket shelf it means they are also paying the Supermarket Bribe $$$ to be stocked.

It's never about whether something actually works or not. It's IS about stepping on the $ toes of Big Pharma and whether you pay the appropriate bribe $ to the appropriate groups who grant such permissions - and - the tricky words you use.

Like the guy said.... if they had told him the words were wrong he could have done something. BUT, what he doesn't know is, doing that does not make them any $$$. It also allows him to keep trading. (Ben Suarez found this out with his bread)

Taking him to court makes the Courts $$$. It makes the prison co $$$ when they charge for housing him. And it removes a competitor for Big Pharma who runs the game.

I opted not to participate in their game.

Michael