Herbalism
- Jeff Perlman
- 2 days ago
- 2 min read
If Herbalism is your passion, you should be aware of the legalities involved in growing, cultivating, and selling herbs and products, as well as working with clients. Generally, herbalism is legal in all states, but each one differs, so thoroughness in how you proceed can save you from possibly being charged with practicing medicine without a license.
Suppose you are growing or gathering whole herbs, educating others, using herbs personally, or for your family. In that case, there are NO legal ramifications, but if you have a career in herbalism, declare yourself as an herbalist, provide counseling or recommend herbal products, produce and sell related products (such as capsules, teas, creams, oils, tinctures, etc.), you enter a realm governed by laws and regulations that vary depending on the state.
The Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and state review boards play a role in regulating herbal products in the USA, with the goals of ensuring safe use, preventing herb-drug interactions, and avoiding negative consequences. The key difference is that the FDA focuses on safety, manufacturing, and labeling, while the FTC focuses on truthfulness and substantiation of claims.
Below are some suggestions to follow:
· The language in your company's materials, website, promotional content, newsletters, and labels plays a key role in maintaining a low profile. Certain words can raise red flags. Words like drug, pharmacy, prescription, Rx, and apothecary imply that the person, company, or organization is licensed or registered to practice medicine or operate a pharmacy. Avoid language that suggests a product can cure, treat, prevent, eliminate, heal, boost, restore, or reverse specific conditions or illnesses, and refrain from guaranteeing effectiveness. Below are a few suggestions:
· Do not call yourself a doctor unless you are licensed
· Document all your client encounters thoroughly and make sure your paperwork has a disclaimer, see example below:
Disclaimer – Herbalist (example)
“I am an herbalist or specific practitioner, but not a licensed medical professional. The information provided in my consultations is intended to support your overall health and wellness and is not intended to replace medical advice or treatment. It is important to work with your primary healthcare provider and to inform them of any herbs or supplements you are taking. Herbs may have side effects, cause individual sensitivities, or interact with medications, and it is important to discuss these risks with your healthcare provider.”
Other Considerations of Legitimacy:
American Herbalist Guild
Obtain a Local City Business License
Obtain a Local City License to distribute herbs
Set up a resale tax account with the state tax board
Have personal/practitioner insurance:
Alternative Balance Insurance- https://alternativebalance.com
If you manufacture products, you should have Liability Insurance.
If you do not deal with any of this and join an affiliate program, for instance:
Banyon Botanicals
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