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Herbal Cure Product Laws

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What are Herbal Cure Products?

While there are many legitimate herbal products on the market today, there are also many bogus herbal products being produced and distributed.  In particular, “herbal cure products” are products that claim to cure a particular disease or disorder.  Some of these products may be based on herbal ingredients, though sometimes they may not contain any herbs at all. 

A great number of herbal ingredients are still subject to research, and this allows some manufactures to make claims about their product that are false or cannot be verified.  Also, herbal products are often the basis of marketing scams wherein fraudsters obtain the personal information of consumers.      

One of the main problems with herbal cure products is that they are usually not approved by the FDA.  As such, they may not be subject to laws that require a complete disclosure of ingredients and side effects.  You should be wary of any herbal product that is not backed by scientific research and yet claims to cure an illness.  There have been many reports of serious injuries and even deaths as a result of taking low-quality herbal remedy products.

What can I do if I have been Injured by an Herbal Cure Product?

If you have been injured or have become ill due to an herbal cure product, you may be entitled to recovery in a court of law.  Some of the legal claims that might be brought in such circumstances include:

  • Products Liability:  Manufacturers owe their consumers a duty of care when producing and distributing their product.  To succeed on a products liability claim, you would need to show that the product caused your injury and that it was defective in some way (for example, it was defective in design, or it had a manufacturing defect, or the product failed to include adequate warnings)
  • Negligence:  If the supplier of an herbal cure product breached a duty of care to the consumer, a negligence claim may be applicable.  The injured party would need to prove that the breach of duty actually caused the injury.
  • Statutory Violations:  Some states have banned the use and distribution of certain herbs, such as ephedrine and ephedrine-based products.  Therefore an herbal products company may be liable simply for distributing illegal herbal products. 

Be sure to collect all purchase receipts, medical documents, and any other important documents that are related to your injury.  Also, if you will be claiming other damages such as lost wages, you will need to compile your employment information such as pay stubs. 

What if I have been Scammed by an Herbal Cure Product?

Herbal cure products are one of the most commonly used products in various types of scams and fraudulent schemes.  Some common herbal product scams include:

  • Selling fake herbal products that do not have any effects
  • Using false advertising to promote an herbal cure product
  • Creating a made-up herbal cure product to obtain the purchaser’s credit card information.  For example, a scammer may “invent” or “discover” a “new” herbal product, conduct some sales, and never deliver any product at all once they have obtain the consumers’ information

Another major problem with herbal cure scams is that they are largely conducted over the internet.  Companies or individuals may set up a temporary website, where they may conduct their scam operations within a limited time frame.  After a short time, the website or pop-up advertisements may simply disappear, making it difficult to identify who conducted the transactions.  

Thus, you should try to avoid herbal cure products that are promoted on the internet, especially at websites that appear questionable. 

If you have purchased a bogus herbal cure product, make sure you keep your receipts and try to take note of the web address and any other information related to the product.  This will make it easier to identify the perpetrator of the scam.  However, if you cannot identify who sold you the product, you will likely not be able to recover any losses.

Do I Need a Lawyer for Disputes over Herbal Cure Products?

If you have been injured or scammed due to an herbal cure product, you may wish to speak with a lawyer for advice.  Although herbal cure products are a relatively new phenomenon, a well-informed attorney can help you identify your claim and assist you in recovering your losses.  Also, if many persons have been injured by the product, you may have a basis for a class action lawsuit, which your attorney can file on your behalf. 

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 11-05-2015 10:24 AM PST

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