• Deanna Clark-Esposito

With the Threat of Flavor Bans, How Can I Better Manage Product Returns?


If you’re asking the question, it means you likely already have a Return and Refund Policy which is great. Ideally, it is written down and made available for your customers to read in advance of their making a purchase. If this isn’t the case, put it down on your TO DO list now and get it published. While it may not contain everything you’d like to have in it, having one posted in better than having nothing posted.


In terms of improving the policy, here are some parameters for you to consider. The policy in general should cover the basics, including,


1. How perishable products are treated versus non-perishable items, to the extent you have any differences with respect to returns and refunds of them


2. The timeframe for making a return or requesting an exchange, e.g., within 30 days


3. Specific instances where a return would not be permitted


4. Specific instances where only an exchange would be permitted


5. Whether the refund request must be in writing or if a phone call would be acceptable


6. How refunds or exchanges on products considered defective are handled and the protocols for requesting such refund or exchange, and


7. The specific email address where such queries on refunds or exchanges should be made


To cover unexpected occurrences, such as a flavor ban, your policy could also include language regarding how limited or zero refunds are allowed on returns where the basis for the return is a result of, for example, a legal action against your customer’s company, or a regulatory ban or restriction imposed by a federal, state, municipal legal body has been imposed. After all, where a ban or other sales limitation has occurred through no fault of yours, you should not be left paying for it, and where you have a clear and documented policy, this will help to minimize both confusion and loss for your company and your customer.


Have questions about this? Feel free to send us a message using the Contact form on the Home Page.

©2020 by the Clark-Esposito Law Firm.

Per the NY State Attorney Ethics Rules we are providing the following statement:  ATTORNEY ADVERTISING.

DISCLAIMER: The content of this website has been prepared by the Clark-Esposito Law Firm, P.C. for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional legal counsel. The Clark-Esposito Law Firm, P.C., did not produce and is not responsible for the content of off-site legal resources. The materials on this site may constitute advertising under various state ethics rules.