Legal Question in Business Law in Illinois

We want to sell gift baskets as our internet business. We would like to do baskets for baby's. Are we able to include Johnson & Johnson's baby lotion without breaking any laws?


Asked on 4/22/11, 6:23 am

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can tell you a manufacturer, like Johnson & Johnson, has absolute discretion in who is allowed to sell its products. "Allowed" is the key word here; if you sell their products by including them in your gift baskets, you become an unauthorized distributor and can be sued. If you've followed what's happening on eBay and other sites, where people obtain a large quantity of products, then sell them individually and get sued by the manufacturer, you will be aware of this risk. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/26/11, 5:21 am


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