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Online business with no prescriptions overseas

Chelc

Junior Member
#1
In the US it is illegal to sell or buy prescription contacts or eye glass lenses without a valid prescription at some point during transaction or a 8hr validation by law from the seller. BUT most of the world does not have laws against people buying prescription contacts and eye glasses without a prescription. That being said, can I be a middle man seller or dropshipper for a online overseas organization or manufacturer that sells these products without requiring my customers to give me prescription info as well? I would never preorder or ship products to myself and then resell in the US as THAT would then be illegal. The products will stay overseas and I would never touch them. Would their laws extend to me here? Would it help if I say I'm an advertiser for a overseas company and state the country we're it ships from? I have bought high quality name brands overseas on online websites several times without prescriptions because their laws don't require one. This is something I'm curious about as I haven't seen anyone else doing it mabey just because of the possible liability? But by US law the seller, producer, and manufacturer all get investigated for any injury cause by the products usually- again will this US law apply if it's importing from overseas who may have different liability laws if those laws do extend to me selling for them/advertising here?
 

quincy

Senior Member
#2
In the US it is illegal to sell or buy prescription contacts or eye glass lenses without a valid prescription at some point during transaction or a 8hr validation by law from the seller. BUT most of the world does not have laws against people buying prescription contacts and eye glasses without a prescription. That being said, can I be a middle man seller or dropshipper for a online overseas organization or manufacturer that sells these products without requiring my customers to give me prescription info as well? I would never preorder or ship products to myself and then resell in the US as THAT would then be illegal. The products will stay overseas and I would never touch them. Would their laws extend to me here? Would it help if I say I'm an advertiser for a overseas company and state the country we're it ships from? I have bought high quality name brands overseas on online websites several times without prescriptions because their laws don't require one. This is something I'm curious about as I haven't seen anyone else doing it mabey just because of the possible liability? But by US law the seller, producer, and manufacturer all get investigated for any injury cause by the products usually- again will this US law apply if it's importing from overseas who may have different liability laws if those laws do extend to me selling for them/advertising here?
From what country are you posting?
 

quincy

Senior Member
#4
America's/US in texas
Thanks for providing your state name.

Prescription anything requires a prescription.

If you import goods from overseas that are illegal to sell in the US, you have violated US laws - which are the laws that apply to you.
 

Chelc

Junior Member
#5
Overseas law

In other countries people can purchase lenses and eyeglasses at any strength without needing a prescription to do so even though they may or may not have a valid prescription. I have bought without a prescription being requested online from overseas from within the US several times with high named brands. Could I be a dropshipper or middle man seller/ advertiser if their laws extend to me? And I never touch or import the product to resale within my own country?
 

Chelc

Junior Member
#6
Never self imported

I would never import or preorder products so i would never be selling within the us. My stock would be the overseas company's stock and I would sell/advertise for them, through them, and with them.
 

quincy

Senior Member
#7
In other countries people can purchase lenses and eyeglasses at any strength without needing a prescription to do so even though they may or may not have a valid prescription. I have bought without a prescription being requested online from overseas from within the US several times with high named brands. Could I be a dropshipper or middle man seller/ advertiser if their laws extend to me? And I never touch or import the product to resale within my own country?
Reading glasses can be purchased without a prescription.

Here is a link that provides the law: https://www.consumer.ftc.gov/articles/0116-prescription-glasses-and-contact-lenses

Or am I misunderstanding your question? Do you want to sell old prescription glasses and contacts from the US to those countries overseas that have no consumer protection laws? Or will your entire proposed business be conducted in other countries?
 
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#8
Here is an excerpt from the FDA regarding contacts:


https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/HomeHealthandConsumer/ConsumerProducts/ContactLenses/ucm062347.htm
You won’t break any laws, but the company is selling you a prescription device as if it were an over-the-counter device. In legal terms, this misbrands the device. The company is also violating FTC regulations by selling you contact lenses without having your prescription. For more information, see the The Contact Lens Rule: A Guide for Prescribers and Sellers.
I presume the same applies to prescription glasses as well


I can buy a lot of illegal products over the internet. That doesn’t make them legal.


But; how would one even know what prescription to purchased without an eye doctor writing a prescription?
 

Chelc

Junior Member
#9
These would be brand new products created overseas from a manufacturer who then sells the products to the same overseas company's. I would contact those overseas company's and then become a partner and sell their product for them here in the US as a middle man/advertiser and build my own client base. Those countries do not require anyone's prescription to purchase their online products here in the US. So if I never import the products to the US before hand and make it known to the consumer/my client base that I am a middle man seller for a company/manufacturer overseas who's laws do not require a prescription- then does that mean their law would extend to me selling for them or through them here in the US? The product would go straight from the overseas company to the buyer, I would just be the middle man who advertised the product for the company, took the buyers money through PayPal or however and then sent the buyers info/address and money to the overseas company. I would make a slight profit from each transaction by raising the price slightly and never touching the product. Would this be a good Gap in the online market place of dropshipper to fill
 
#10
Those countries do not require anyone's prescription to purchase their online products here in the US. So if I never import the products to the US be
The entity selling it it to a consumer in the US is obligated to abide by the laws of the US which means they cannot sell or distribute regulated products without a valid prescription being presented.

Since you want to be “the seller”, that means you’re the one that will be prosecuted.


While you may have been able to purchase prescription glasses without presenting a prescription, that doesn’t make it legal, and it doesnt. The consumer isn’t breaking the law but the entity selling it in the US is.


No matter how many ways you want to spin this; it is unlawful to sell products in the US that requires a prescription in the US without the seller being presented with a valid prescription. In many cases that also requires seller hold an appropriate Federal and/or state license that the same type of entity within the US would be required to have.
 
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quincy

Senior Member
#11
These would be brand new products created overseas from a manufacturer who then sells the products to the same overseas company's. I would contact those overseas company's and then become a partner and sell their product for them here in the US as a middle man/advertiser and build my own client base. Those countries do not require anyone's prescription to purchase their online products here in the US. So if I never import the products to the US before hand and make it known to the consumer/my client base that I am a middle man seller for a company/manufacturer overseas who's laws do not require a prescription- then does that mean their law would extend to me selling for them or through them here in the US? The product would go straight from the overseas company to the buyer, I would just be the middle man who advertised the product for the company, took the buyers money through PayPal or however and then sent the buyers info/address and money to the overseas company. I would make a slight profit from each transaction by raising the price slightly and never touching the product. Would this be a good Gap in the online market place of dropshipper to fill
The laws of other countries do not extend to you in the US. US laws apply to you.

You can go over your business plan with a lawyer in your area to better learn your legal risks.

Good luck.