Legal Question in Business Law in California

Re: legality of incorporating non-CARB compliant products into other products fo

Is it legal to take a product (eg. aerosol cleaner) that is not legal for sale in California on its own (per CARB regulation) and incorporate it into another product (ie. place it inside another package as part of a set) and then sell the overall product in California? The product getting incorporated into the total package must currently be labelled ''not for sale in california'' and is, as such, not legal for sale in california. Would the overall product become not legal for sale in california as well?


Asked on 12/03/02, 4:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Re: legality of incorporating non-CARB compliant products into other product

I think so, yes. The repackaging with other items does not alter the inherent character of the forbidden product. Consider whether heroin could be sold legally by including a baggie of heroin in a box with a pack of cigarettes and a tea bag. By analogy, you'll appreciate why the repackaging alternative doesn't work.

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Answered on 12/03/02, 4:30 pm


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