How to avoid getting my ass raped for using a flog / farticle?

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mediaaff

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Jun 17, 2009
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Is it as simple as putting a disclaimer (something like the one below?) at the end of my landing page?

No information in this web site has been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician before taking these products. Actual results will vary. Information on this site is provided for informational purposes only and is taken directly from the marketing and product information furnished by the manufacturer. Testimonials of individuals shown may be of fictitious persons or paid models and are not necessarily users of these products.
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What if I use a celebrity's name to imply that she endorses the product even though it isn't the case? (Not sure if Oprah endorses Acai)

Can I get sued even though I don't live in the States?

Thanks,
Mediaaff
 


Oprah has made it very clear that she does not endorse Acai, nor does Dr. Oz. They have talked about it but do not represent any of these supplement brands/companies.

associating your stuff with either one of their names could pose a problem.

Phrase your bullet points differently, perhaps*
well known celebrities such as Oprah and Dr. Oz have frequently spoke on behalf of the acai super berry and it associated benefits.

notice it doesn't say Oprah uses acai, backs this brand, endorses acai, loves acai super colon blow berry blast.

It's a very touchy subject right now, so I would tread lightly.

(*FTC disclaimer: this forum post is for entertainment purposes only. Please review your local laws and make your own decisions. This reply post is not meant as legal advice or actionable information. basically, make your own decisions, Im just running my mouth and I have A.D.D. - wanna go ride bikes?)
 
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avalonnova said:
Oprah has made it very clear that she does not endorse Acai, nor does Dr. Oz. They have talked about it but do not represent any of these supplement brands/companies.

associating your stuff with either one of their names could pose a problem.

Phrase your bullet points differently, perhaps*
well known celebrities such as Oprah and Dr. Oz have frequently spoke on behalf of the acai super berry and it associated benefits.

notice it doesn't say Oprah uses acai, backs this brand, endorses acai, loves acai super colon blow berry blast.

It's a very touchy subject right now, so I would tread lightly.

(*FTC disclaimer: this forum post is for entertainment purposes only. Please review your local laws and make your own decisions. This reply post is not meant as legal advice or actionable information. basically, make your own decisions, Im just running my mouth and I have A.D.D. - wanna go ride bikes?)
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^LOL
 
daewon106 said:
if you have to put a disclaimer especially if its dealing with celebrities, you're already doing something shady.
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Or there are shady bullshit laws.

A disclaimer is covering your ass, it isn't about helping the consumer.

Everyone knows most consumers don't and won't read the fine print, most can't even fucking read in the first place.
 
guerilla said:
Or there are shady bullshit laws.

A disclaimer is covering your ass, it isn't about helping the consumer.

Everyone knows most consumers don't and won't read the fine print, most can't even fucking read in the first place.
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^^^^^^

also unless you're doing tons of volume I wouldnt worry too much about it. If you remember a couple months back the Illinois AG went for a bunch of affiliates for using Oprah on their LP's, haven't heard about that since the news first broke.
 
butt plug?

customs-officer-butt-plug.jpg
 
FerrisHilton said:
^^^^^^

also unless you're doing tons of volume I wouldnt worry too much about it. If you remember a couple months back the Illinois AG went for a bunch of affiliates for using Oprah on their LP's, haven't heard about that since the news first broke.
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^^^^^^

Using celebs in a flog/farticle runs you the risk of legal assrape, otherwise the flog/farticle in general is just another, albeit not entirely honest, way to promote.

When the FTC regs kick in regarding blogs and reviewing products, then the issue will get sticky.
 
the quickest ways to get fucked

a) use celeb names/images and make any likening to them endorsing the product. 'Featured on oprah' - be REAL careful about stating fact versus implying an endorsement (you don't want to be on the wrong end of a defamation suit)

b) selling something that is at all 'medical' in nature (read: a supplement) - thinking of making medical claims? Or publishing fake study data? Yeah- great way to get fucked, hard.

Imagine a farticle re: a glucose supplement that stated that diabetics could immediately go off medication - then some impresionable person buys/receives/goes off/dies. Yeah- welcome to the land of the fucked.

Also- your first step towards disclaimers and complying w/ the law as far as what you can and cannot say? AN ATTORNEY. Not a wickedfire keyboard attorney who stole my acai or colon review copy/template/disclaimers OR my farticle copy/template/disclaimers, but a real one.
 
Just put the disclaimer, hyperlink through the home page. Nothing can kick ur ass then... (See the LP of your Advertiser); they are too SMART, copy them :-D
 
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