Product Disclaimer: A General Guide
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Quick Facts — Product Disclaimer Lawyers
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Product disclaimers are an important part of your business and marketing strategy. They can help you avoid legal problems and protect your business from lawsuits. You may be surprised to learn that there are many different types of product disclaimers.
If you're a retailer or wholesaler, the most common type of product disclaimer is a merchant's disclaimer, which is typically found on product labels, instruction manuals, separate documents inside the box, or on the back or bottom of a product's packaging. These disclaimers often contain information about the manufacturer and other legal information, like where products were made and when they were shipped out.
What is a Product Disclaimer?
Product disclaimers are a form of legal disclaimer. They are statements that appear on products or in advertisements to protect a company from liability. Product disclaimers can be found on many consumer goods, including medicine, food, and household products. These disclaimers cover a wide range of topics and aim to inform the consumer about any potential risks associated with using the item in question. The disclaimers also limit liability for the company and disclaim any warranties on the product.
The purpose of a product disclaimer is to alert customers about potential hazards in using a product or service. Consumers need to read these disclaimers before purchasing because they could provide them with valuable information about how to use products properly and safely.
When Do You Need a Product Disclaimer?
If you're selling products, you need a product disclaimer. In order to avoid the risk of losing sales and facing legal action from consumers who are unhappy with the quality of your products, it is important to mention a disclaimer at the back of every product. Here are five reasons why it's important to include a product disclaimer on your website or packaging:
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It Protects You Against Liability Claims
The best way to protect yourself against liability claims is by clearly stating what your product is, what it does, and how it works, i.e., all in one place on your website or packaging. This way, there will be clarity about what your customer should expect from using your product.
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It Helps You Stand Out from Competitors
Your competitors might have the same products as yours but don't have the same brand personality. Product disclaimers let you communicate who you are as a company and what makes your product unique, i.e., all while establishing trust with potential buyers.
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It Protects Against Lawsuits
A disclaimer protects you from liability in cases where one of your customers experiences any damage or other problem while using one of your products. The disclaimer also lets customers know what they should expect when using your product and how they should use it correctly.
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To Prevent Warranty Claims
If you sell a product, the buyer will likely want to be able to make warranty claims against you if something goes wrong with the item. A product disclaimer will put them on notice that they have no recourse under warranty law.
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To Keep Your Business Compliant with Regulations in Your Industry
Product disclaimers are required under federal law for certain products and services. For example, if you're selling food or supplements, you must have a nutrition facts label on your packaging. If you sell financial products such as life insurance, annuities, and mutual funds, you must have a prospectus available for customers to read. The requirements for a product disclaimer vary widely depending on the product or industry. These documents must include specific information about the products being sold so it is important to consult with a lawyer to ensure you follow the appropriate laws.
Which Businesses Require Product Disclaimers?
Disclaimers are used to protect businesses from legal liability. Businesses that sell products or services often require disclaimers to protect themselves against potential legal issues that may arise from selling the products or services. Businesses that require product disclaimers include:
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Advertising
Disclaimers are required by law in advertising, especially when you make claims about your products or services that could be considered misleading or deceptive. For example, suppose you claim that your product will cure a condition or prevent disease when it does not. In that case, you must include a disclaimer stating that your statement has not been evaluated by the Food and Drug Administration (FDA).
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Health Products
Disclaimers are required for every health product that is not FDA-approved. The disclaimer must state that the product has not been approved by the FDA and may not be safe or effective for its intended use.
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Affiliate Programs
Affiliate programs are one of the most common ways for websites to generate revenue. Affiliates are people who promote a brand's products in exchange for a commission on every sale they make. Product disclaimers are essential for affiliates because they let consumers know that you aren't personally endorsing or recommending specific products or services.
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Health or Fitness Consultation
Consultants who offer health or fitness advice, such as nutritionists, personal trainers, and cosmetologists, must provide a disclaimer when using social media. The disclaimer should explain that the information is not intended as a substitute for medical advice and should not be used without consulting a medical professional.
How can a Lawyer Help You in Drafting a Product Disclaimer?
A lawyer can help in many ways when it comes to product disclaimers. For example, a lawyer can help you draft a disclaimer to cover all possible legal issues if you sell a product or offer a service. They can also help you with any other legal issues surrounding your business. For example, if you sell products that are not yours and someone claims that they have been damaged because of your negligence, a lawyer can help you draft a valid defense against this claim.
The same applies to any other cases where you may need legal assistance. There are many reasons why an entrepreneur should hire a lawyer when starting a company. The first reason is that the laws are complex to comprehend, which makes it challenging for small businesses and entrepreneurs to understand how they should manage their companies legally. This is especially true if they do not have enough experience in business matters or law in general.
Another reason entrepreneurs should hire lawyers is that certain regulations govern every type of business activity, no matter how much money they make or how large they are as companies or organizations. These regulations require compliance with local and state laws to prevent illegal activity from happening within their operations, such as forgery and theft, among others.
Conclusion
A product disclaimer is a written statement accompanying your product, explaining how and why the product may cause injury or harm. It's important to have a disclaimer on your product because it informs the consumer of any potential risks or perils they should be aware of before using the product.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Alton H.
I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.
"Great responsiveness and dedication to finalizing project goals."
Daehoon P.
Daehoon P.
Corporate, M&A & Securities Lawyer | Managing Attorney, DP Counsel PLLC Practice Areas: Business Formation | Commercial Contracts | Contract Drafting & Review | Mergers & Acquisitions | Venture Capital | Securities Offerings | Franchise Law | Employment & Equity Compensation | Intellectual Property | Cross-Border Transactions About/Bio: I represent companies, investors, and fund sponsors in corporate transactions, commercial contracting, and private securities matters, from entity formation and early-stage financings to acquisitions, exits, and ongoing strategic counsel. As Managing Attorney of DP Counsel PLLC, I help clients structure transactions clearly, allocate risk thoughtfully, and move deals forward with documentation that is practical, enforceable, and aligned with business objectives. My practice includes both day-to-day commercial matters and more complex transactional work, including venture financings, private offerings, M&A deals, fund-related documents, and cross-border structuring. What I Do: Corporate & Commercial • Entity formation and structuring for corporations, LLCs, and limited partnerships • Operating agreements, shareholder agreements, and governance documents • Commercial contract drafting, review, and negotiation • Vendor, distribution, manufacturing, SaaS, and licensing agreements • Employment, consulting, confidentiality, and equity compensation agreements • Outside general counsel support for growing companies Securities & Private Capital • Private offerings under Regulation D and Regulation S • Private placement memoranda, subscription agreements, and investor documents • SAFE, convertible note, and priced equity financings • Venture capital and private fund formation matters • Fund governing documents and offering document packages • Securities law analysis for private capital raising transactions Mergers & Acquisitions • Letters of intent and term sheets • Stock purchase, asset purchase, and merger agreements • Due diligence coordination and transaction support • Disclosure schedules, closing documents, and post-closing matters • Earnouts, rollover equity, indemnity structures, and related deal terms • HSR, CFIUS, and related regulatory issue spotting for qualifying transactions Digital Assets & Emerging Technologies • Federal-law digital asset and token securities analysis • Entity structuring for blockchain and Web3 ventures • Digital asset fund and operating structures • AML/KYC documentation support and regulatory issue spotting Franchising • Franchise Disclosure Documents (FDDs) • Franchise agreements • Master franchise and area development agreements • Franchise structuring and registration coordination Real Estate Transactions • Commercial real estate acquisitions and dispositions • Real estate joint ventures and syndications • Commercial lease drafting and negotiation • Real estate investment structures and related offering documents Cross-Border & International • U.S. market entry and entity structuring for international clients • Delaware and multi-entity holding structures • Cross-border transaction planning and documentation • Coordination with foreign counsel and tax advisors on cross-border matters Why Clients Hire Me: • Big-law-level drafting with boutique responsiveness • Practical, business-focused advice grounded in execution reality • Clear scoping and transparent fee arrangements • Experience across financings, acquisitions, fund formations, and cross-border transactions Typical Projects: • Contract drafting and negotiation • Entity formation and governance packages • Private offering document suites • Venture financing documentation • M&A transactions from LOI through closing • Fractional or outside general counsel support Industries Technology | SaaS | FinTech | Digital Assets | E-commerce | Healthcare | Real Estate | Food & Beverage | Professional Services
"Daehoon drafted a co-op sublease for my New York apartment. He was thorough, responsive through several rounds of revisions, and gave me a clear checklist of everything the package needed. Would definitely recommend."
Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."
Scott S.
I specialize in business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, commercial real estate, data security and compliance. Specifically, I've drafted, reviewed and/or negotiated thousands of MSA's, NDA's, TOS', SAAS, sales, service, managed services, referral, reseller, royalty, finder’s fee, employment, contractor, consulting, advertising, marketing, manufacturing, distribution, management, artist, author, agency, photography, rental, lease, vendor, partnership, website, platform, application, privacy, non-compete, non-circumvent, confidentiality, IP ownership and licensing agreements so I'm very familiar with these types of documents. Practicing law since 2006, I worked in-house before starting my own solo practitioner law firm in 2011. I've worked with individuals and start-ups, Fortune 500 companies, and every type of entity in between, always providing quality legal work that fits the exact needs of the person and/or business. I’m a graduate of the Benjamin Cardozo Law School and also have an English degree from Penn.
"Scott helped me reviewed the contracts and saved me from getting into a trap of an outsourced sales services provider from Philippines and Australia"
Darryl S.
Darryl S.
I offer flat/fixed fees rather than hourly work to help lower your legal costs and align our interests. I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.
"Excellent attorney! D was thorough, communicative, very helpful, and knowledgable about the relevant SaaS topics. Really appreciate his ethical and practical approach to the law--specifically lets you know if certain elements are unnecessary extras charges. I look forward to working with him and his team again in the future!"
September 6, 2023
Michael C.
40+ years handling litigation matters for employers and employees, defense and prosecution of personal injury matters, CalOsha defense, prepare employment contracts, non-compete clauses, established drug policies and franchise agreements. represented banks in commercial litigation , asset retrieval matters. conducted audits of insurance company claims on behalf of employers, defended contractors in toxic tort cases, handled appeals to the insurance commissioner on workers compensation rate classification matters
September 6, 2023
Christian D.
Christian Davila received his Juris Doctorate from St. Mary’s University and becoming a member of the State Bar of Texas in 2013. Before law school, he studied at Texas A&M International University (TAMIU), and participated in multiple programs across various fields of study, including the University of Texas Medical Branch-School of Medicine’s “Early Medical School Acceptance Program,” and the Hispanic Association of Colleges & Universities’ “National Internship Program” at the Library of Congress in Washington, D.C. Christian’s legal experience includes criminal law (both prosecution and defense), family law, transactional law, business litigation, real estate litigation, and general civil litigation. Christian was previously in-house counsel for a multi-million dollar apartment construction and management company, handling all property acquisition, document drafting, negotiations, and litigation. Christian is a former member of the American Association for Justice (formerly the Association of Trial Lawyers of America), and he has been distinguished by the National Trial Lawyers as one of their TOP 40 Civil Plaintiff attorneys in Texas UNDER 40 years old. He likes weightlifting, reading comicbooks, and being silly with his kids in his spare time.
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