A 4-letter word that gets you
out of legal "hot water"
Hiya CopyStar,
If this hasn't happened to you yet - I promise
you, it will...
... You write kick butt copy - in fact it's the
best stuff you've EVER written. You just know
it's going to BLOW THE ROOF off the results for
your client and guarantee you a slam dunk, home
run control!
You polish off the copy, make last minute edits
- dotting your i's and crossing your t's - then
you hit the send button and deliver it to your
client.
Then you wait.
A few days (ok, sometimes WEEKS) later, you get
an email from your client saying, "We've
received your copy back from our legal
department and attached are the changes."
You open the file and there's a sea of red lines
running through your perfectly positioned prose,
and then you read comments such as "not
compliant". Or even worse...
...Your copy is completely REWRITTEN by the
legal department! Factual, yeah. Compliant,
yeah. But the copy SUCKS!
Like I said, if it hasn't happened to you yet -
your days are numbered. But fortunately, I'm
going to share with you how I handle the
delicate balance of writing copy to make the
sale and staying compliant so you or your client
won't end up on the FDA, FTC or any other "Big
Brother's" hit list!
Ready?
Here we go...
First of all:
Don't take it personal. The legal
department is not your enemy. You're actually on
the same team: Your client's!
You got hired to write killer copy. The legal
eagle got hired to stay within the guidelines of
the ever-changing laws. Somewhere in the middle
is Utopia you seek.
So the legal department isn't the bad guy - even
though you're going to feel like they're trying
to put you in the poor house when they strip
away your phenomenal - and sometimes
over-the-top promises in your copy.
When you
start a relationship with a new client -
make sure you understand his legal comfort
level
Not all clients are alike. Some have rigid
guidelines, others are more lax. Your job is to
understand your boundaries and PUSH IT to the
limit!
A few of my clients give me a list of "no no's":
words I absolutely can't say in my copy...
promises they're not comfortable making... or
euphemisms to replace actual disease names.
Here's what I do: I print out the list - and
then I IGNORE it until AFTER I've written my
copy! Why?
Because if I read it in advance, I experience
"deer in the headlight" syndrome. Those "no
no's" keep popping in my head and all I can see
and stare at is what I CAN'T say!
That really screws up my creativity. So, I
write my copy the way I want - and when I'm
done, I'll review the "no no" list and make
necessary changes.
Right now, you're probably wondering: "Hey
Carline, what if I write my entire package and
then find out all the good stuff I've written is
on the "no no" list?" My reply:
Don't be a dumbo!
If you don't have a grip on your market and
already have an idea about what you can or can't
say - then go ahead and read the list FIRST. But
if you're in your niche and really know your
market - you won't have that problem.
For example, I'm not going to write a promotion
using the theme of how a nutritional supplement
cures cancer.
Cancer claims are a major RED FLAG in my niche
and I know to avoid it. So instinctively, I
won't go that route.
But I will use the word "cancer" in my initial
draft and then later change "cancer" - usually a
"no no" word for most of my clients - to an
approved euphemism when I finalize the copy. Get
my drift?
Right now in the health market, you can't make
disease claims - so here are a few of the
generally accepted and approved euphemisms for
popular illnesses:
-
Alzheimer's Disease
severe memory loss
-
Arthritis
severe joint pain
-
Cancer
abnormal cell growth
-
Chronic Fatigue Syndrome
low energy
-
Diabetes
blood sugar problems
-
Heart attack
serious heart problems
-
High blood pressure
unhealthy blood pressure
-
High cholesterol
cholesterol problems
-
Osteoporosis
bone loss
-
Stroke
brain attacks
Second of all:
Don't roll over and take the legal changes.
Put your big boy pants on and stand up for your
copy!
Getting changes from the legal department can
feel intimidating. After all, you don't want to
get your client (or yourself) in a legal mess.
And words like "non-compliant" or "challengeable
in a court of law" can make you antsy.
But there are ways to make your copy compliant
without the legal department deleting, rewriting
or ripping it to shreds!
In fact, I tell my clients this:
"I won't give your lawyers legal advice if they
don't give me copywriting advice." In other
words...
I ask the client to have the legal department
highlight problematic areas in my copy and feel
free to make suggestions. But DO NOT make
changes to my copy!
I'll take the time to revise the copy to make it
compliant. That way I maintain control over my
copy! Here's a real life example...
... Left to the legal department, the following
copy would've been stamped "non-compliant" and
deleted:
Discover how this 1,000-year-old
Japanese "cheese" can...
-
Dissolve
dangerous blood clots FAST! Study
shows clots start to thin in just 2 hours!
-
Boost blood
circulation! Put an end to unsightly
varicose veins!
-
Help
prevent painful hemorrhoids and varicose
veins! Boosts vein health and
encourages healthy blood flow!
-
Clean out
toxins from your blood! Reduces
dangerous fibrin that clog up arteries!
-
Improve
blood pressure fast! Regulates blood
flow -and keeps blood thin and healthy!
-
Eliminate
joint and muscle aches! Bend...
flex... and point without out pain!
-
Boost
energy levels to new heights! Infuses
oxygen-rich blood to every part of your
body!
-
Keep you
mentally sharp! Put an end to foggy
thinking... "senior moments"... and even
memory loss!
-
Keep
fingers and toes warm! Boosts healthy
blood circulation throughout your entire
body!
-
Avoid
heart, brain and lung disaster!
Maximum protection-yet completely safe and
natural!
-
And much
more!
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