Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 8 months ago

Having friend import soda-product from other country, then selling it in U.S. (where they don't sell it) - legal? civil suit?

So i'm going to spare the details but let's just say that Pepsi makes a flavor that they only sell in Japan and that you cannot otherwise ship to the united states (it's not pepsi, but)

I know a guy in Japan that I pay to buy it in bulk, he ships it to me in the United States, and I sell it in U.S. ebay and craigslist. there is nothing otherwise illegal about the item (no drugs or anything) - it's just soda, but a popular flavor that they discontinued in the US

i sell it for nearly 5X the price of a can

so my question is can pepsi sue me for the money I have made (excess $60,000 over the past 4 years) if they figure out what I'm doing? could this be a criminal offense?

Update:

for the record, it is FDA approved - in fact, they used to sell it in the U.S.

7 Answers

Relevance
  • 8 months ago
    Favorite Answer

    perfectly legal

    • Login to reply the answers
  • 8 months ago

    You WILL NOT make a profit. They ALREADY KNOW there isn't enough demand. That is why the STOPPED selling it in the US.

    • Login to reply the answers
  • 8 months ago

    If it was a brand on the level of Pepsi then they would already know what you are doing when you list it on eBay or Craigslist. Pepsi/Coke/Dr. Pepper/other large international brands would have bots if nothing else that do nothing but scan things like eBay and Craigslist and flag entries involving their brand or very similar wording. This is very basic anymore. So say you were selling Coke, but put it as coce to try and trick a keyword searcher bot, yeah they'd have that word listed as well. So yeah you say you were talking about Coke and their old Surge brand. Well the bot would see the product name and flag it for a human to look in to. Since it is their product and not someone infringing on their trademark by selling a fake version they would likely just ignore it.

    • Login to reply the answers
  • 8 months ago

    Anything meant for humans to swallow (food, medicine, soda, juice, etc.) and sold in the U.S. in packages (as opposed to restaurant bills or loose produce) is subject to very strict labeling requirements, including nutritional information and including that the weight or volume must be indicated in U.S. units (ounces, etc.), not just the metric units that other countries use.

    Bringing many foods (especially meats and some fruits and vegetables) into the U.S. (even for your own use) is illegal because of the possibility of spreading agricultural parasites.

    Selling soda in cans that are not labelled in the way that U.S. law requires is definitely illegal. (Selling it in glasses at a bar or restaurant might be a way to get around this, but then you would need the right licenses to run a bar or restaurant.)

    • Login to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • 8 months ago

    What you are doing is completely illegal.

    https://www.fda.gov/food/food-imports-exports/impo...

    • Login to reply the answers
  • 8 months ago

    Nothing illegal about it.

    • Login to reply the answers
  • Anonymous
    8 months ago

    i mean if you went to japan, brought back a novel item then sold it on ebay i don't see why that would be illegal?

    • Login to reply the answers
Still have questions? Get your answers by asking now.