Amazon business

[LaurieB1011]

Jurisdiction

New Jersey

We started an business selling our private label on amazon.
Our supplement manufacturer (we just received word today) was indicted because of FDA guidelines. Amazon is now giving refunds out of our pocket for the item.
We did not know about any of the issues this manufacturer had. We are about $50,000 in sales for that item but used that money to put back into the business.

Can someone please tell me what type of lawyer to hire? Can we sue the manufacturer? I'm lost! Thank you in advance.

 

[Zigner]

We started an business selling our private label on amazon.
Our supplement manufacturer (we just received word today) was indicted because of FDA guidelines. Amazon is now giving refunds out of our pocket for the item.
We did not know about any of the issues this manufacturer had. We are about $50,000 in sales for that item but used that money to put back into the business.

Can someone please tell me what type of lawyer to hire? Can we sue the manufacturer? I'm lost! Thank you in advance.

Sure, you could try to recover what you are out from the manufacturer, but do you think you'll actually see the money?
Your business insurance coverage may be of some assistance in this matter.

 

[PayrollHRGuy]

If this is really going to crush you, you might want to think about cutting off Amazon's access to your funds.

 

[army judge]

Can someone please tell me what type of lawyer to hire? Can we sue the manufacturer? I'm lost! Thank you in advance.

If you have an attorney, start by speaking to her/him.

Otherwise, many business attorneys or civil litigation attorneys could be a starting point.

Is the manufacturer based in the USA, China, India, or another country?

If it is US based, that'll help you.

However, if the company operates in another sovereign nation, that complicates matters for you.

Finally, the company will most likely declare bankruptcy.

You can use most search engines or business news websites to see if bankruptcy is in their future.

In fact, bankruptcy might be an available option for you to consider.

Talk to a BK attorney about that option.

 

[flyingron]

The problem is that you could sue the guys if they are in the US, but a few things are working against you. First, you are likely to consume (out of pocket) more legal bills than the money you'll receive even in the best of circumstances. In this case, I can bet the guy is probably judgment proof anyhow (i.e., he doesn't have any assets left to pay you even if you won the case).

Food supplements are a risky business. They skirt the edges of legality and the FDA is pretty aggressive when they step over the line. Which one is this? NatureMost? You're lucky all you're out is the money that got refunded rather than being sued by the people you blindly dumped this trash on.

 

[adjusterjack]

We did not know about any of the issues this manufacturer had. Can we sue the manufacturer?

Sure. But you aren't likely win. When you sell a product, any product, especially a supplement, it's entirely on you to determine that what you sell meets appropriate standards. That's why you aren't likely to win.

what type of lawyer to hire?

Any business lawyer to whom you are willing to give a $10,000 or $20,000 retainer, for starters.