I sent this email to square and have recieved no help or reply for 3 weeks does anyone know how I ca

[cbdmendo]

Dear friends at Square

Please refer this communication high up the ladder as possible as involves the possible loss of a long-term client and address is an issue that may resolve the loss of other clients

Several weeks ago we received notice that our account was under review and the funds were being held during that review. We investigated and complied with their crest for COAs which validated our product. Then we received another notice that there were medical claims needed to be removed from our website we changed the text description of our products to comply. The one product that was used as an example is a product that we represent for another company and is in fact the skincare product use topically not internally. Nevertheless, we dropped that product from our website. Regardless of our Rapid response to comply with all of your request, our funds are still being held. It is several weeks now. We are a small business. Online sales is our primary source of income. How do you imagine you could function all of your revenues were being held for several weeks

I’m sure you can see the problem we have consulted our attorney. It is his belief that withholding of these funds is not justified nor legal.  Regardless, it is certainly not ethical and not a good business practice.

Small businesses are having a difficult time right now. I’m sure that many of your e-commerce clients are small business. Our association over the years has been mutually beneficial. I am certain that a reputation for cutting the legs out from under small businesses is not a reputation benefit your business I can well imagine that it will have a chilling effect investors Potential

We understand that you are pursuing due diligence to comply with federal regulations we respect that and as you see have been eager to comply as rapidly as possible. My proposal is continue your review you release our funds immediately and let us know of any changes we need to make. if we have not made those changes within two weeks, then withhold our funds until we comply

Do you agree this is a reasonable proposal

Please respond at your earliest convenience

Fredrick Marshall

Owner Mendocino BOTANICALS

Elizabeth Marshall

CEO Mendocino BOTANICALS

[Donnie-M · Accepted solution]

@cbdmendo I am going to wade into the mine field and look at this based on what I have seen over the years.  I think this is the policy that you are working with:

"While we can’t provide legal advice, or a list of allowed or unallowed terms or phrases, we built our review process on FDA and other relevant guidelines. For example, we don’t allow any claims that your CBD products may be used to cure, treat, or aid conditions such as anxiety, inflammation, depression, PTSD, ADHD, cancer, or other health conditions. For more information, we encourage you to review the FDA website and warning letters that that the FDA has sent to CBD businesses regarding claims made about their products."

I was curious and I looked up your website, and I even went and read a couple of warning letters from the FDA.  I think what caught me was, one website/company was warned because of their "Customer Reviews".  When I looked at your customer reviews, well I found several reviews that could be causing your problems.  Like one was titled "Amazingly helpful during major health crisis", and listed information about depression, open heart surgery, lymphoma....

The FDA cited this comment as against the rules:  "“Best place for CBD oil. Really helps my older dog's arthritis pain”" from the warning letter..seriously...helped the dogs arthritis is toooooo much of a health claim.

I don't make the rules and neither does square when it comes to these.  I think the vagueness from square has a lot to do with the fact they very explicitly say they can't give legal advice.

As for what your attorney tells you, I highly recommend listening to attorneys and not me!

That being said, your website is gorgeous.  I can see where you have scrubbed alot of claims in how you describe ingredients.  It is tough to even market CBD, you must pretty much have to sell only to people who "know" what it can do.  Tough spot you are in,  I recommend you get someone outside of your business to go over the site and point out anything like this.  Sometimes a fresh set of eyes may help you more, especially if it is someone who say doesn't believe in CBD.  I hope you get this worked out and I am very sympathetic to the plight of small business.