I told a client, “I take Ashwagandha for stress, you should try it.” She did. She had a severe anaphylactic reaction due to an interaction with her thyroid medication. She was hospitalized for three days. Her health insurance provider is subrogating (suing) me to recover the $40,000 hospital bill, claiming I gave “unlicensed medical advice.”
Key Takeaways
- Scope of Practice: Unless you are a Registered Dietitian (RD), giving specific supplement advice is often illegal and uninsurable.
- The “Professional Services” Definition: Does your policy list “Nutritional Counseling” as a covered service? If it only says “Personal Training,” you are uncovered.
- Product Liability: Since you recommended a product, this can bleed into Product Liability.
- The “Medical Advice” Exclusion: All fitness policies exclude claims arising from “medical advice or diagnosis.” Suggesting a supplement to treat a condition (stress) is medical advice.
The “Why”: The Exclusions Game
The Trap:
You think you are helping. The law thinks you are playing doctor.
Most Personal Trainer policies have a specific exclusion for “Sale or Distribution of Supplements” and “Nutritional Advice beyond USDA Guidelines.”
If you stepped outside “Eat more vegetables” and into “Take this specific pill,” you likely voided your coverage.
The Investigation: I Quoted 3 Major Carriers
1. Lockton Affinity (Personal Trainer Program)
- My Analysis: They allow you to add “Nutritional Counseling” as an endorsed activity, but it strictly limits you to general meal planning, not supplements. They explicitly exclude liability for “herbal, medicinal, or performance-enhancing supplements.”
2. CPH & Associates
- My Analysis: They specialize in mental and allied health. If you are a “Health Coach,” their policy is broader regarding lifestyle advice, but they still hammer home the “No Medical Advice” rule.
3. Sadler Sports Insurance
- My Analysis: Very clear guidelines. They warn you: “If you sell the supplement, you need Product Liability.” If you just recommend it, it’s Professional Liability, but only if you stay within your cert’s scope.
[IMAGE: Graphic showing “Scope of Practice” pyramid: RD vs Nutritionist vs Trainer]
Comparison Table: Nutrition Liability
| Carrier | Covers Meal Plans? | Covers Supplements? | Medical Advice Exclusion? |
| Lockton | Yes | NO | Strict |
| CPH | Yes | NO | Strict |
| Sadler | Yes | NO | Strict |
Step-by-Step Action Plan
- Stop Prescribing: Never tell a client to take a specific supplement for a specific symptom.
- Use General Language: Say “Some people find X helpful, but ask your doctor.”
- Check Policy for “Nutritionist” Endorsement: If you have a nutrition cert (like Precision Nutrition), send it to your broker to get the activity added to your policy.
- Buy Product Liability: If you actually sell the vitamins in your gym, you need a completely different policy.
FAQ
Can I give meal plans?
Generally yes, if they are based on general guidelines (macros/calories). Not for treating diabetes/obesity (medical).
What if I sell a protein shake at the front desk?
That requires Product Liability insurance. If there is glass in the shake, your Trainer insurance won’t pay.
Am I covered if I’m a certified Nutrition Coach?
Only if that specific certification is listed on your insurance application.