What regulations are there for small appliances in the US?
I have been lately trying to find different products to create to make money. I have been trying to find out what regulations are there on small appliances for the kitchen (coffee makers and blenders, more specifically). I know there are regulations for making actual food, but what about products? Can I just slap a disclaimer that we are not liable for any sickness, etc? I'm going to try to keep my product clean, but that isn't always possible. Also, with electrical components (that will obviously be sealed for water), how can I ensure that they are lead free? Should I contact the seller? To keep it affordable, I need to buy from China, and I don't know if I can hold the seller liable if a consumer would sue me. Disclaimer again?!?! Also, what electrical standards do I need to comply with? I don't have to worry as much about water (because of GFIs) as I do general appliances. I will only be dealing with low DC voltages and it will be powered by an adapter.
I will not be selling anywhere other than the US. I have a feeling that it will be a disclaimer as a solution, but I wanted to see if I was missing anything. I would see an attorney, but I just wanted to know if this isn't the right solution. Any help appreciated. Thanks in advance.
3 Answers
In the United States, all 50 states have enacted some version of the UCC (Uniform Commercial Code). You can not disclaim all liability, warranties, etc. By the act of selling an item.
"Implied Warranties
Some warranties are "implied" by law. An implied warranty is a promise that the good will have characteristics or uses that the maker, distributor, or seller do not expressly state. An implied warranty assumes that the product is fit, safe and will perform the function for which it was purchased. For example, if you rely on a seller's skill or judgment to select a suitable product and the seller knows your purpose for buying the product, then there is an implied warranty that the product sold will suit the intended purpose."
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But this is from China. If I contact the seller and can prove that they knew my reason for purchasing the item was to handle food, I could make them liable, even if they were in another country, for anything that happens because of their product? Or were you talking about it would be my fault and my customers could sue me. Please clarify. Thanks for your help. – Annonomus Person 12 years ago
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So let's clarify what you are saying here. You want to sell products in the US that you know violate US safety regulations. Here's a simple analogy- if you take rat poison labeled as candy and sell it to stores, who do you think is going to get into trouble? You or the rat poison manufacturer? – Gary E 12 years ago
Disclaimers aren't foolproof. You can put whatever you want into them, but they aren't necessarily legally enforceable.
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So what do you suggest I do? I more meant a EULA type of thing: "By using this coffee maker you agree to the terms listed below..." blah blah blah. It would say that you agree not to hold us liable for ______. Thanks for the reply. – Annonomus Person 12 years ago
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Many EULAs aren't even enforceable, don't rely on a EULA to shield you from poor product design. – Joe Baker 12 years ago
Normally my thought would be to steer you towards an attorney who could advise you on consumer products liabilty: risks and issues; but I am sensing a disturbing disregard for your consumers' safety which has me thinking you should see the religious leader of your choice instead...
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No, it's not that. I just don't want to be sued for the possibility that a customer has gotten sick because "I don't have a certified factory", etc. I **DO** care about my costumers, but I am trying to protect myself if something would happen. I also didn't know about any laws that I had to follow: if I had to get my factory "Certified" by the health department. Where would I find a attorney for product liability? That may be a dumb question, but I really am new at this. Thanks. – Annonomus Person 12 years ago
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Many attorneys specialize in products liability. An internet search in the jurisdiction of your choice should turn up some results. Or ask for referrals from your colleagues. Call each one and see how much a simple consultation would cost. Products liability insurance is also available and sometimes required by retailers. – Yorick 12 years ago
