Question for you:

Is it legal to distribute and market garments where the brand name tag and care tag is cut, that is no identifiable product numbers and/or brand name on garment? The size tag remains only. In other words, the factory cut the size tag in half and completely cut out the care tag. Appreciate any direction provided on this.

Thank you, Richard

Art�s Answer

Richard,

The very short answer to your question is yes. As long as you do not present the merchandise you sell as something other than what it is it is perfectly legal to sell merchandise with cut tags. It is a common practice for retail stores and clothing wholesalers to cut the price and name brand tags from returned or overstock merchandise. Often times these attempts are a little over-enthusiastic and more of the tag is removed than is necessary or on this case the care tags as well.

That being said, I am a little concerned over the removal of the care tags. Frauds often cut care tags in order to hide the nation of origin or other information that would reveal their deceit.

For example, if the merchandise were sold to you as returned Abercrombie and Fitch merchandise and you resold it as such you could be legally liable for any deception even if you were unaware of it. However, if the apparel is what it is presented as, the missing tags carries no legal problems.

So make sure you aren�t being deceived and go ahead.

- Art Micklewraith