Knowledge Base

Are there any special legal rules on advertising, labeling and marketing for e-commerce?

The SGA does not provide any requirements for labelling or packaging of goods. However, as noted above, where delivery expenses are not allocated by the Parties in the Contract, under the SGA’s default position, the Seller must bear all such expenses to put the goods in a deliverable state (i.e., in a state whereby the Buyer is obligated to accept and pay for them). Please also see with respect to Contracts of Sale by description.

Federal excise and sales tax laws require labelling of products subject to tax / duty with retail prices and applicable taxes (e.g., for tobacco products). For drugs, the DRAP act prescribes labelling, packaging requirements while special legislation regulates packaging and labelling of tobacco products.