Is it legal to sell expired medicinal products on-line?

UPDATED: Sep 30, 2022

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Is it legal to sell expired medicinal products on-line?

Say skin ointment Cortizone is expired in October 2016. Seller knows it. Still puts it for sale on internet, and does mention in selling details far below that these are out dated/expired. So when he knows expired, can he still sell it? Because these are manufactured for definite use and should not be used for some other reason. And are Meant to be discarded after expiration. And the seller is not the manufacturer, in this case.

Asked on December 23, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would likely be considered consummer fraud: they are misrepresenting or lying about what they are selling (e.g. they are effectively or implicitly representing or implying that the product is still good and within its expiration date, when it is not). There is no good way to get the money back, though--it would not be cost effective to sue, unless you bought thousands of dollars worth of the product. You can contact the FTC and/or your state attorney general and try to file a complaint, which may result in a refund, but that's about your only cost effective option, other than convincing them (maybe to avoid a complaint) to refund you.

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