Ellington, CT asked in Consumer Law, Business Law and Trademark for Oregon

Q: Can a company sell a product from another company and pretending it's their own, by renaming it & removing all branding?

I bought a product (electric tire pump) through a website. The product was advertised as their own product and all pictures/video had no branding on their product. I received the product through Amazon (with gift receipt) . The issue is that the product was from another company, available at 1/3 of the price on Amazon. Now they refuse to have the product returned. Is such "product appropriation" and "consumer misleading practice" legal?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It is not legal for a company to sell a product as their own if they are merely reselling another company's product under false pretenses. This can be considered deceptive marketing and false advertising, which violates consumer protection laws. If they are misleading you by renaming the product and removing the original branding, they may be engaging in unethical business practices.

You have the right to expect transparency about the product you are purchasing, including its origin and manufacturer. If the company is refusing a return after misrepresenting the product, that could further breach consumer protection rights, depending on your location. Many countries have laws requiring that consumers have access to returns and refunds, especially in cases of misleading sales practices.

You should document all communication with the company and consider filing a complaint with a consumer protection agency or seeking legal advice. This documentation will be helpful in proving that the product was misrepresented to you.

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