Can I sell some "free samples" as a private individual?

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Hello everyone,

I haven’t found any answers to my question, and I thank you in advance for your help.

From a previous relationship I am now the owner of a few boxes containing dietary supplements that can be bought without any kind of prescription.

However, on the individual packages there is the wording: "free sample not for sale" since these are samples that she gave away to let customers try the product for any later supply.

Now, given that these are not the best or brightest times, I would feel like selling everything even at half price, but I would never want to run into penalties or the like; if there is someone who has already dealt with the issue and could clarify the question better, I renew my thanks 🙂

Thanks

bossgian3103

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Posted 3 years ago·Last reply 3 years ago

6 comments

sika700

Mentore3 years ago

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The answer is simple: if they are free samples whose sale is prohibited...you can't sell them!

Kind regards.

bossgian3103

OP3 years ago

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You’re making it sound very simple, but I seem to understand the opposite; let’s see if someone else replies and if I get any news I’ll write.

Thanks, let’s keep each other updated.

sika700

Mentore3 years ago

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But the issue is simple: with a private account you want to make a profit on free samples "sold at half price"... but if they’re free, what price??

Also, a private individual CANNOT sell food supplements... only a professional with a VAT number can do it after receiving authorization from the Ministry of Health guaranteed by the OSA.

So it’s you who wants to make it "easy"... but it isn’t easy... for a private individual!

Kind regards.

bossgian3103

OP3 years ago

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Let's see if someone else replies and if I have any news, I'll write.

Thanks, we'll keep each other updated.

sika700

Mentore3 years ago

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Even ethically... if it were allowed... try selling one... then we'll see if your buyer is happy to have paid for a "free sample" that you didn't pay for!

A normal greeting.

marioelegio

Mentore3 years ago

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There are two aspects:

The first is the one Sika has already explained to you.

A food supplement may be sold in Italy only after prior notification to the Ministry of Health by the food business operator (FBO) who is responsible for its safety.

The second is of a tax nature: if you sell them for profit (since they cost you nothing), you cannot be a private individual. Also, you have no right to sell those products and so you could be reported to the tax police by the official distributor (not for nothing does it say on the packaging that their sale is prohibited).

Finally consider that you would be responsible for the consumers' health aspect:

When you put food items up for sale, make sure you do not violate any applicable law. Here are some examples:

Make sure the food products are packaged appropriately and stored safely
Clearly indicate the expiration date in the item description
Ingredients: regulations govern the use of additives, sweeteners, flavorings, and colorants. See the annexes to Regulation (EU) No. 1169/2011 (Annexes II, III, VII, VIII and IX)
Labeling: labels must show information such as the name of the food, ingredients, appropriate storage conditions, nutritional information and place of production. See the annexes to Regulation (EU) No. 1169/2011 (Annexes II, III, V, VII, VIII, IX, X, XII, XIII, XV). Mandatory food information must be available at no additional cost and must not mislead consumers

Then obviously you are absolutely free to do whatever you want, since you'll be the only one paying the consequences.

bye

mario