Allowed to sell something labeled “Not For Individual Sale”?

Personal example: I recently stumbled upon a site that sells authentic brand name cosmetics for much less. I know that they are 100% authentic and I don't know how they stock their items for such a cheap price. (That's not the point though.)

I know that some of their items are labeled with "Not For Individual Sale", because I had gotten the same particular items free in a gift that a dept. store makeup counter gives you if you buy a certain amount from their counter. The nature of these items are mostly sample size items. Now this site is selling samples like these labeled with "Not for individual sale" for cheaper prices.

I'm curious and wondering what this label is for, and if there is a way for the original company to enforce it? Obviously the site is selling them without harm (and it's quite a popular site too) so can they technically just ignore it?

MORE: My question isn't specifically garnered towards these makeup products. Another example would be food items. If you buy "on the go" beverage powder packets in a box and then take them out, they are also labeled "Not for Individual Sale". Is there a law against someone just taking them individually and setting up a stand in front of their house and sell them? (hypothetical situation...bear with me here haha)

Thanks for all your answers so far.


What sort of label are you talking about? Like if I have an individual Crystal Light packet, what is missing from there that is on the box of Crystal Light?

8 Answers

  • The problem isn't that you cannot "sell" them, but rather you cannot "retail" them in the sense that a merchant in that field would have to follow other regulations for consumer protection.

    For example, and maybe what WRG was suggesting, you may have some cosmetics or food for which retail labels must include various regulatory information (ingredients, certifications, warnings, instructions, etc), and the bulk package is labeled but not the individual packages, which are therefore "not for individual resale."

    If you are not enɡɑɡed in the business of selling these things, there is probably very little the regulators can do to stop you from selling your own personal stash of "individual" units.

  • Not For Individual Sale

  • If something is packaged no longer for person sale then definite you would be breaking the regulation. that's extremely hardly that the police could arrest you for this. even however breaking the regulation is breaking the regulation. In those situations the only time somebody is regularly arrested is while they sell something labeled in this style is while the sell the products on a huge scale.

  • The 'Not for individual sale' tag relates to the situation between the company and THEIR direct customers. If you bought the items somehow, you can resell them. The only one getting in trouble would be the person who sold them to you, the manufacturer might stop selling to them.

    In general, once you have bought a physical product, you cannot be restricted in your future sale or use. That's why you don't 'buy' software, you merely license it.

  • No it isn't legal. Unless they add back the required label information that is missing. You will see this from time to time on soft drinks that are being sold individually instead of a package. The have an additional stick on lable.

  • I didn't think it was legal to sell those items. However, they may have a contract with the company to be able to move older sample packs after the company comes out with new product sample lines. I don't know, just guess.

  • I think there is no harm. They have extra stock which they want to clear. As you say this company is good and don't sell poor quality products, you can try those products for low cost as well.

  • The companiy wants to act cutesy as though there are the coutnry /state laws

    in which u the consumer can not break.

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