Who is responsible if a person be allergic to skincare product? Seller or Manufacture?

[Arash0]

What is the name of your state?california
I’m planning to start an online store which sells a beauty product skincare from Thailand. Based on US laws it is not necessary the product to be FDA approved so I am ok to import them and sell them. Now my question is:
What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad? Can she sue me because I sold it to her? I am asking because I want to know if I need to buy liability insurance.

 

[Just Blue]

What is the name of your state?california
I’m planning to start an online store which sells a beauty product skincare from Thailand. Based on US laws it is not necessary the product to be FDA approved so I am ok to import them and sell them. Now my question is:
What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad? Can she sue me because I sold it to her? I am asking because I want to know if I need to buy liability insurance.

I advise you to consult with an attorney.

 

[Taxing Matters]

What is the name of your state?california
I’m planning to start an online store which sells a beauty product skincare from Thailand. Based on US laws it is not necessary the product to be FDA approved so I am ok to import them and sell them. Now my question is:
What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad? Can she sue me because I sold it to her? I am asking because I want to know if I need to buy liability insurance.

Both seller and manufacturer may be potentially liable. At the very least your product should disclose all the ingredients that are used in it, both on the online store front and on the package itself. And you'd be foolish to go without liability insurance. I also recommend you consult a business attorney familiar with online store selling to get everything else you need, like well written contracts and terms of service for the site, privacy policy, etc. There are lot of things you will need to address to do the online store properly.

 

[FlyingRon]

Note, while FDA approval isn't required, there are tons of FDA regulations that apply to imported cosmetics. The FDA and the CBP may intercept your imports and you can be subject to various actions if your stuff is not incompliance starting from the CBP refusing to allow them into the country and going up to more severe actions.

I suggest you talk to an expert in such matters.

 

[adjusterjack]

What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad? Can she sue me because I sold it to her?

Can she? Of course.

I am asking because I want to know if I need to buy liability insurance.

Yes, you need to buy products liability insurance. The defense costs alone can put you out of business and drive you into bankruptcy.

I suggest you check on the availability of the insurance before you commit any money to your start up. It's a high risk business for insurance purposes and you might not like the cost of the insurance.

 

[LdiJ]

What is the name of your state?california
I’m planning to start an online store which sells a beauty product skincare from Thailand. Based on US laws it is not necessary the product to be FDA approved so I am ok to import them and sell them. Now my question is:
What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad? Can she sue me because I sold it to her? I am asking because I want to know if I need to buy liability insurance.

Every single business on the face of the earth needs business liability insurance. It's not a question of whether or not a business needs the coverage, it's a question of how MUCH coverage they need.

 

[quincy]

What is the name of your state?california
I’m planning to start an online store which sells a beauty product skincare from Thailand. Based on US laws it is not necessary the product to be FDA approved so I am ok to import them and sell them. Now my question is:
What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad? Can she sue me because I sold it to her? I am asking because I want to know if I need to buy liability insurance.

The FDA regulates skincare products.

https://www.fda.gov/cosmetics/resources-industry-cosmetics/small-businesses-homemade-cosmetics-fact-sheet


Skincare products can fall under both cosmetics regulations and drug regulations, depending on the product being marketed.

You not only should have liability insurance, you should consult with an attorney in your area to review your plan for online sales of a product imported from Thailand.

 

[zddoodah]

What if something goes wrong and my customer shows allergy to the skincare or if her skin gets bad?

The full panoply of hypothetical possibilities exists.

Can she sue me because I sold it to her?

Anyone can sue anyone for anything. Whether a hypothetical person who sues you will prevail depends on the relevant facts, including the nature and extent of the allergy. Some allergic reactions kill people; some are merely temporary annoyances.

I am asking because I want to know if I need to buy liability insurance.

Anyone selling personal care products who doesn't carry liability insurance is a moron.

 

[quincy]

... Anyone selling personal care products who doesn't carry liability insurance is a moron.

... or unaware of the importance of insurance in the event the product they sell results in a lawsuit.