Is it legal to resell samples? (makeup)

[BakedBeans]

What is the name of your state? New York
I have samples that are in respectable due date that I don't need/use. Mostly I got them as free rewards/points I accumulated on a makeup website. Some of them I used, some of them are not my type, so I hope to get rid of them. Most of them are in small plastic bags, but some of them are in mini-size product in glass bottles, etc. Is it legal to resell them to other ppl on online?

 

[quincy]

What is the name of your state? New York
I have samples that are in respectable due date that I don't need/use. Mostly I got them as free rewards/points I accumulated on a makeup website. Some of them I used, some of them are not my type, so I hope to get rid of them. Most of them are in small plastic bags, but some of them are in mini-size product in glass bottles, etc. Is it legal to resell them to other ppl on online?

Yes, you are able to resell the makeup. Why anyone would buy used makeup packaged in plastic bags is beyond me, though.

 

[adjusterjack]

If they've been opened/used, toss them. I doubt if anybody will buy them that way unless you sell for pennies on the dollar.

If they are still factory sealed, you can sell them.

 

[BakedBeans]

All of them are unused, and sealed.

 

[quincy]

It is legal to resell the makeup.

 

[Just Blue]

It is legal to resell the makeup.

I have never EVER gotten a sample of make-up, skin care or perfume that wasn't marked "Not for Resale". Jus' sayin'. bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb

 

[Taxing Matters]

I have never EVER gotten a sample of make-up, skin care or perfume that wasn't marked "Not for Resale". Jus' sayin'. bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb

That statement does not prohibit a consumer from selling the sample. Typically it is to alert retailers that the samples are not labeled properly for sale.

 

[quincy]

I have never EVER gotten a sample of make-up, skin care or perfume that wasn't marked "Not for Resale". Jus' sayin'. bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb

The First Sale Doctrine allows for the consumer resale of legal products legally acquired.

 

[BakedBeans]

The First Sale Doctrine allows for the consumer resale of legal products legally acquired.

Just double checking, but when you say legal, is it includig samples I got for free and as a reward (accmulated points)?

 

[quincy]

Just double checking, but when you say legal, is it includig samples I got for free and as a reward (accmulated points)?

Sure. If someone wants to buy what you have to sell, you can sell it to someone.

This, as a note, is if you are as a consumer selling legal makeup (e.g., not counterfeit) legally acquired (whether given to you or purchased by you).

There can be exceptions to the sales of certain products (e,g., drugs) and to the sales of certain products by retailers (e.g., some packaged products cannot have the packages opened and the contents sold separately). Some sales can be restricted by manufacturer and distributor and vendor contracts.

So there are exceptions, I am not seeing an exception in your described sales.

 

[FlyingRon]

The FDA regulates sales of cosmetics. If these packages have been used, I doubt it's legal. There's a few companies that are dealing in "recycled" cosmetics but they allegedly have their own validation processes that meet the requirements.

 

[PayrollHRGuy]

I've I'm not mistaken one of the other reasons such sampled are marked as "not for resale" is they may not have the required labeling. If this effects first sale doctrine, I don't know.

 

[quincy]

I see nothing in what has been described that would make it illegal for a consumer to resell the makeup. I only see potential problems for those purchasing the makeup (health concerns).

 

[FlyingRon]

If it was introduced into interstate commerce, it is in violation of the 21 USC 331. The FDA has a pretty broad definition of what constitutes interstate commerce. Internet sales almost certainly would qualify. Unless you can show that the used cosmetic was free of adulterations and other violations of the statute, you could be held liable.

 

[quincy]

If it was introduced into interstate commerce, it is in violation of the 21 USC 331. The FDA has a pretty broad definition of what constitutes interstate commerce. Internet sales almost certainly would qualify. Unless you can show that the used cosmetic was free of adulterations and other violations of the statute, you could be held liable.

I think you are incorrect on this, FlyingRon. BakedBeans is not manufacturing makeup. S/he is reselling legally acquired products manufactured by someone else.

Of course, nothing can prevent someone from suing anyway. But if no false claims are made as to the origin (or condition) of the product sold, the one suing is unlikely to be successful.