Does offering a product at a US trade show create obligations before a sale occurs?
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Does offering a product at a US trade show create obligations before a sale occurs?
Yes.
Offering is already within the statutory term, before any money changes hands. 7 U.S.C. § 136(gg) defines “to distribute or sell” as “to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver”. Labelling duties travel with the article: under 7 U.S.C. § 136(p)(2), labelling means “all labels and all other written, printed, or graphic matter — (A) accompanying the pesticide or device at any time; or (B) to which reference is made on the label or in literature accompanying the pesticide or device”. A brochure, a sign or a card placed with the device on a stand is written or graphic matter accompanying it.
Source: 7 U.S.C. § 136(gg) and (p)(2), FIFRA as posted by EPA.
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