Legal Issues Involved in the Online Purchase and Sale of Packaged Foods

Part I of this blog posted on May 12, 2015, discussed the business and economic opportunities presented by online purchases and sales of packaged foods as well as some of the business challenges to be overcome to make the opportunities profitable. Part II discusses the legal challenges that should be addressed to make online purchases and sales of packaged foods a practical and profitable reality.

Those companies that choose to enter the online packaged goods marketplace will face legal challenges similar to those faced by other entities operating in the e-commerce space. In order to reach their intended markets and to receive the full benefit of operating in the online market place, companies will need to utilize websites containing e-commerce features and functionalities. In connection with the operation of these websites, retailers should draft and post on the site certain legal terms and conditions addressing:

  • The customer’s use of the site (i.e. website terms and conditions);
  • The retailer’s data collection and data sharing practices (i.e. the privacy policy); and
  • The terms and conditions under which customers purchase products offered through the website (i.e. the terms and conditions of sale).

While the content of these legal terms will need to be tailored to fit the particular retailer’s risk profile and operational particularities, there are several concepts that each retailer should consider addressing through these legal terms.
Continue Reading Online Shopping for Packaged Food – A Business and Economic Opportunity to be Exploited but with Business and Legal Challenges – Part II