View Full Version : Legal to sell in State A, but Illegal to Sell in State B
11-01-2002, 08:01 PM
Let's say I own a company. My company is in State A, advertises a product on the internet, and encourages people to call me up and buy it.
Someone in State B buys my product by phone, and my company ships it. Then, I find out that my product is legal to sell in State A, but illegal to sell in State B.
Authorities from State B come breathing down my neck.
Am I on the hook?
11-01-2002, 08:03 PM
Oops! State B comes brathing down MY COMPANY'S neck.
Is MY COMPANY on the hook?
Assume that I am not individually on the hook.
11-01-2002, 08:08 PM
Standard legal disclaimers apply. This is intended for fun only, and not to resolve an actual legal problem. Blah Blah Blah.
11-01-2002, 08:41 PM
you could be - depends on:
1. intent - did you knowingly ship an illegal item? The buyer's state is going to be the ones you will deal with - if you knew that it was illegal to own/possess/etc. your item, well, expect some flack.
2. liability - did you inform potential buyers that THEY were responsible for ensuring that your company's product complied with local laws? If you didn't, and you knew the product was illegal in the place to which you shipped it - tuck your head between your knees...
3. Form of "company" - you may or may not be personally liable.
4. Mood of the judge/jury.
11-01-2002, 10:27 PM
I have some flies in my house that seem to be "drain flies". While looking online for something to get rid of them, I always saw the same product mentioned. Found a few websites selling it- but on every one, they said that it could not be shipped to NY. Apparently, in at least that case, the company would be on the hook.
vBulletin® v3.7.3, Copyright ©2000-2013, Jelsoft Enterprises Ltd.