Can a wholesale business sell you merchandise that is expired without stating that it is?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a wholesale business sell you merchandise that is expired without stating that it is?

I purchased $14,000 worth of tanning lotion from a wholesale distributor with

intentions to resell. I have posted it online and sold some items however I keep

getting requests for refunds saying the lotion is no good. New Link Destination
my surprise after looking into it further I realized the distributor sold me expired lotion. It has been expired for years. When it was advertised on their website for sale it said nothing about being expired. I have spent my entire savings on this as I am a single disabled mother of 2. What are my rights in regards to this? I have tried contacting the distributor 2x but have not had a reply back.

Asked on September 28, 2016 under Business Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the wholesale business/distributor for fraud.
Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the lotion, had you known that it was past its expiration date.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption