# Legal Question - Over counter Medication Sales
**URL:** https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856
**Category:** Factual Questions
**Created:** [March 28, 2003, 7:32pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856 "2003-03-28T19:32:45Z")
**Posts on this page:** 6
**Page:** 1
### Author:  [@Fugazi79](https://boards.straightdope.com/u/Fugazi79)
#### Post date: [March 28, 2003, 7:32pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856/1 "2003-03-28T19:32:45Z")
All these pills you can buy offline and from TV Infomercials. I have some questions about the leagalities as I would like to consider the possibilities of going into buisness likewise. All these pills are similar as far as fat burners, athstma, uppers (effedrin basically); penis/breast enlareger, sex enhancers, etc… but just marketed differently. These are not FDA approved. Can I sell a pill, market it in my own way legaly to. Do I need to have a lab make the pill or can I sell an existing pill in my own packaging. (Its basically a combo of Vitamins) that will make you dream better and more vividly (really works too). What kind of obstacles do I need to tackle to do this? Thanks!
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### Author:  [@samclem](https://boards.straightdope.com/u/samclem)
#### Post date: [March 28, 2003, 7:47pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856/2 "2003-03-28T19:47:04Z")
**Fugazi79**. I can’t answer your question but I’ll give you a tip about posting to the board(I notice you triple posted this one).
Once you compose your post/reply and hit the old **submit reply** button, don’t hit it again. No matter WHAT kind of a screen reply you get, don’t believe it. Your post goes through about **99%** of the time, in my experience.
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### Author:  [@Otto](https://boards.straightdope.com/u/Otto)
#### Post date: [March 28, 2003, 8:26pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856/3 "2003-03-28T20:26:40Z")
My suggestion is that you speak to an attorney who is knowledgable about FDA and FTC regulations.
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### Author:  [@MaryEFoo](https://boards.straightdope.com/u/MaryEFoo)
#### Post date: [March 28, 2003, 8:30pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856/4 "2003-03-28T20:30:27Z")
If you call them “diet supplements” you can skip the science (ie, proving safety or effectiveness).
[/cynicism]
There is indubitably more to it than that however.
One thing, people can sue you if they think you have damaged them, and [cynicism] if they can catch you.
sigh, [/cynicism] again.
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### Author:  [@FatBaldGuy](https://boards.straightdope.com/u/FatBaldGuy)
#### Post date: [March 28, 2003, 8:54pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856/5 "2003-03-28T20:54:58Z")
I expect that if you took someone else’s product and repackaged it with your name on it that they might get a little bit upset.
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### Author:  [@Cliffy](https://boards.straightdope.com/u/Cliffy)
#### Post date: [March 28, 2003, 9:43pm UTC](https://boards.straightdope.com/t/legal-question-over-counter-medication-sales/164856/6 "2003-03-28T21:43:05Z")
I agree with **Otto** – you need to consult an attorney. This is a particularly confused area of the law because medicines genreally are heavily regulated but, primarly because of lobbying pressures, some substances are largely unregulated if they fall into certain categories – even though there’s not necessarily any scientific reason to believe they are safe or effective. This means it is very, very important for someone selling these substances to know exactly whether his is a regulated substance or not, and that is a question only an expert will be able to address.
Note also, of course, that even if the product is perfectly legal and complies with whatever regulations are on point, if it is dangerous or causes injury, an injured patient can still sue. “The FDA approved it” is not a defense.
–Cliffy