Legal Question in Business Law in California

Is it legal for a business to post "do not open" signs in areas of merchandise which are frequently opened and damaged by customers?

Asked on 8/24/10, 11:27 pm

4 Answers from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Sure it's legal. Why wouldn't it be?

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Answered on 8/29/10, 11:39 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point. You might also consider adding something like "Please do not open." Consult with an attorney in your area for specifics.

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

Franchise Attorney

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Answered on 8/30/10, 7:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Of course it's legal. Whether it will be effective is another matter. This is why so much merchandise is being sold in those plastic boxes that require scissors to cut open. Also, with things like eggs, shoppers just aren't happy unless they personally inspect the contents of the carton.

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Answered on 8/30/10, 9:05 am
Anthony Roach Law Office of Anthony A. Roach

The short answer is yes, it is legal. In some situations, the store may even charge for opening products in the store, if they are no longer merchantable.

Opening a container in the store may be fine to my mother, but it is really a bad idea since the Tylenol poisonings of the early 80's. In that situation, someone was opening Tylenol bottles and placing cyanide laced capsules inside, while in the store. Packaging technology was used to seal these, and customers are warned now for many products not to consume if the packaging is broken.

You don't state what the products are, but I wouldn't want to buy milk if it had been opened by someone else.

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Answered on 8/30/10, 9:15 am

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