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Legality of sales to minors online

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scrapnwin

Junior Member
What is the name of your state (only U.S. law)? California

My son, age 15, bought a dietary supplement online that is marketed toward men. I discovered this after the "free" sample was sent and then he was automatically signed up for monthly shipments. He used the free sample and then took too pills of the new shipment thinking he could not get his money back (and too embarrassed to ask his parents since he was already hiding this from us...and now having a lot to answer for).

The company has no concerns that they sold a product to a minor, saying "he checked the box online that says I am over 18". They will not refund because the new product, bubble packed, has two missing.

My questions: is it legal for them to sell to a minor?

Is it legal for them to not refund a product sold to a minor after they are told it was a minor?

Is there anything that can be done?

I KNOW it's unethical of them.
 


Zigner

Senior Member, Non-Attorney
Unethical of THEM? Just as unethical as your angel lying to them.

If you're going to claim your credit card was used inappropriately, be prepared to report your son to the police so that you can obtain a police report.

Was the company that sold the item based out of the country?



What is the name of your state (only U.S. law)? California

My son, age 15, bought a dietary supplement online that is marketed toward men. I discovered this after the "free" sample was sent and then he was automatically signed up for monthly shipments. He used the free sample and then took too pills of the new shipment thinking he could not get his money back (and too embarrassed to ask his parents since he was already hiding this from us...and now having a lot to answer for).

The company has no concerns that they sold a product to a minor, saying "he checked the box online that says I am over 18". They will not refund because the new product, bubble packed, has two missing.

My questions: is it legal for them to sell to a minor?

Is it legal for them to not refund a product sold to a minor after they are told it was a minor?

Is there anything that can be done?

I KNOW it's unethical of them.
 

racer72

Senior Member
My questions: is it legal for them to sell to a minor?
It depends. There is no 100% positive method to prove someone making a purchase is an adult online. In this case is was a legal sale, your son committed fraud to make the purchase.

Is it legal for them to not refund a product sold to a minor after they are told it was a minor?
It's legal for them to give no refunds, period. Why should they give a refund for a partial return?

Is there anything that can be done?
Punish the true cause of this. You call him your son.

I KNOW it's unethical of them.
Bull. The seller did absolutely nothing unethical. Your son committed fraud and now you want to place the blame everywhere but where is should be pointed. The parents can take some blame too, you did a fine job teaching your son to be ethical.
 

scrapnwin

Junior Member
Punish the true cause of this. You call him your son.
....
Bull. The seller did absolutely nothing unethical. Your son committed fraud and now you want to place the blame everywhere but where is should be pointed. The parents can take some blame too, you did a fine job teaching your son to be ethical.

Re the above and the statement by Zigner about my "little angel"...I never called him that, and certainly know better. I also stated HE is being dealt with for his actions. Did I say I was not blaming him for his actions?

That said, I do believe it is unethical of the company to not be concerned at all because there are side effects to these herbal remedies that can be dangerous. Once they are told they are selling to minors the very least they should be is concerned; the company reps I spoke to just didn't care.

To answer a question: the company is based in the United States and has had many problems with consumer complaints (as I've been reading) and at least one lawsuit that was settled. Berkeley Pharmaceuticals aka Berkeley Nutraceuticals, if you are at all interested .

My personal credit card was not involved, it was a credit union debit card with the visa logo that my son had. That card is canceled. I have since learned something I did not know with our credit union, that they have two different cards and one is simply an ATM/debit with no credit card logo/ability. My mistake.

Is there anyone else that can or is willing to give an opinion about the company and their actions?
 

Tallrat

Member
This company has had thousands of bad reports and still going strong so I doubt you will get any satisfaction there. Make sure son pays the debt.
 

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