Perhaps. Or perhaps something you can get a lip balm for at the Walgreens checkout shouldn't cost you millions of dollars.
Also, if you do disclose, you better have in it writing. If there's no evidence of STD disclosure, you can still be sued, and then it's he said vs she said (or pick your permutation of genders) and it's your two reputations competing for who's more trustworthy in court and can have the upper hand. That disclosure can still cost you.
Lawyers will always advise you to have disclosure confirmation in writing (email or paper is best, text might be still ok).
Lip balms do nothing to stop the spread of herpes, nor do they treat the infection. At best they soothe the symptoms. The only OTC medication currently available for cold sores, docosanol, seems to reduce the time it takes an outbreak to heal, but there are questions about both its effectiveness and the biological mechanism by which it works. The anti-viral acyclovir is also used to treat cold sores as well as other forms of HSV, chickenpox, and shingles, but it isn't available OTC.
