In this video, we’ll discuss an app that combines virtual reality health coaching, together with personal fitness and nutritional advice and much more.  What are the regulatory pitfalls and possible workarounds?

I’m Michael H. Cohen, founding attorney of the Cohen Healthcare Law Group. We help healthcare industry clients navigate healthcare and FDA legal issues so they can launch or continue to grow their health and wellness product or service.

One note of caution is how the law defines the practice of “medicine.”  What is medicine?  Diagnosing and treating disease.  But “diagnosing” and “treating,” are hugely broad.  The art of lawyering makes us take a close look at what Joe’s consultants will actually be doing, and deciding whether these activities or services raise yellow lights, or red flags – and how he can mitigate his risk.

Similarly, what is psychology? It’s treating behavioral disorders. But then again, anytime you’re dealing with human behavior, you could potentially fall into the legal definition of practicing psychology, social work, or another licensed profession.

As for diet and nutrition, the States have a patchwork of laws.  There are some maps on the Internet that tells you what State is what color- red light, green light, yellow light; but, so much depends on the statute in the way the State defines nutrition and dietetics, how aggressive the enforcement authorities, and this is all being worked out.

As a law firm, we’ve given advice in all of these domains to many different clients, companies large and small, established as well as healthcare startups.

We also helped these businesses in health and wellness create very targeted disclaimers, which explain to their customers exactly how their products or service falls within or outside the licensed regulatory pathways.

Compliance isn’t always 100% guaranteed, but, we do help our healthcare clients mitigate and manage their legal risk.

Thanks for watching. Here’s to the success of your healthcare venture, we so much look forward to talking with you again soon.