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‘Am I Breaking the Law?’: Understanding the Do's and Don'ts of Selling Wellness Products

As a high-risk wellness seller, it's crucial to understand and adhere to the complex legal landscape of selling regulated products. This guide will introduce you to the key aspects you need to consider to ensure you don't end up in hot water, guaranteeing both your business and products are fully compliant with the law.

1. ID Verification for Age-Restricted Products

For wellness products that require a minimum age of 21, it's crucial to implement a robust ID verification process. In Florida, Tennessee, Virginia, and West Virginia, mandatory ID checks apply to kratom sales. It's worth noting that Shopify doesn't permit age-verified products, which means your business could end up banned or on the MATCH list if you're caught selling products subject to this rule without adhering to this regulation.

2. Compliance by City and State

Regulations for high-risk wellness products may vary between cities and states. This means that a product legal in one location might be restricted or even prohibited in another. To avoid any legal trouble, make sure you're fully aware of the local regulations where your business is located, as well as the destination of any shipped products.

3. Labeling and Marketing Compliance

Ensure that your product labels and marketing materials abide by FDA regulations and other applicable guidelines. Failure to comply with these standards may result in fines, penalties, or product seizure. To minimize risk, research standards for labeling, claims, and advertising for each product you sell, and consult with legal experts specializing in high-risk industries to understand your responsibilities.

4. Staying Updated on Changing Laws

Laws governing high-risk wellness products are constantly evolving. Keeping up-to-date with new regulations will help your business remain compliant and avoid potential legal issues. Join industry associations, attend conferences, and subscribe to industry newsletters to stay informed about changes in legislation that may affect your business.

Am I breaking the law?

It's crucial to not underestimate the importance of keeping your business off the MATCH list. MATCH, or Member Alert to Control High-Risk Merchants, is a system used by credit card processing companies to identify businesses with a history of financial risk. Suppose a merchant is placed on the MATCH list. In that case, it signifies that they've violated compliance rules or been involved in fraudulent activities, making it harder for them to obtain merchant accounts for payment processing in the future.

In summary, breaking the law can result in serious consequences such as being placed on the MATCH list, penalties, fines, or even jail time. To avoid these risks and keep your business 100% aligned with the law, work with compliance partners like WAAVE, who specialize in navigating the legal complexities of high-risk industries.

By staying informed, following age restrictions and state regulations, and partnering with experts, you can ensure your wellness business thrives in this competitive environment while remaining fully compliant with the ever-changing legal landscape.

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