Question

Consider the following hypothetical scenario:

Mary has been using the bark from the weeping willow tree in her garden for many years to treat aches and pains. When she was very young, she had heard from someone that willow bark could be a useful anti-inflammatory and decided to experiment with the bark herself. Over many years, she came up with a method of steeping the bark to produce a tea that tastes good, and in her view, is very effective. She now provides people in her neighborhood with her special tea upon request. At their encouragement, Mary decides to sell her tea in a dried form online. With the help of a friend she sets up a website and markets her ‘Mellow Willow’ tea as a ‘Gentle, miracle cure for sports injuries and arthritis’.

Provide an analysis of whether there are any legal or ethical limitations on Mary’s ability to sell her product in this manner.

Answer 1

Before selling any health related product, seller must consider all legal and ethical limitations. Under the AMA Code of Medical Ethics, Opinion 8.063, which addresses the sale of non-prescription products that provide a “health” benefit, the AMA raises several concerns about products sold to patients, such as whether it creates a financial conflict of interest; places undue stress on the patient; erodes patient trust; or undermines the primary obligation of physicians to serve the interests of patients before their own. These concerns exist not only when a person dispenses items in exchange for money, but also when he or she endorses a product that the patient may order or purchase elsewhere which results in remuneration for the seller.

In its guidance, the AMA states seller should not sell health-related products whose claims lack scientific validity and should rely on peer-reviewed literature and unbiased scientific sources to review products.