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Supplement Mfg threatening legal action.

I just received a message from  Quincy Bioscience LLC, the mfg of Prevagen.  In short, they are accusing myself and others of illegal activity by selling their product on Ebay below retail cost.  They demanded that I remove all active postings or they will proceed with legal action.  I have not yet responded to their request, but I will say this to my ebay community...I was a fan of Ebay long before I was a seller.  I feel as though Qunicy and others are attempting to destroy the culture of our platform.  If we allow that to happen, then one day Ebay will look a lot like Amazon.  I have some research to do and will be reaching out to my attorney, but would love to hear what my ebay family thinks about big business attempting to cut our profits?

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Supplement Mfg threatening legal action.

If you acquired the product legitimately, then you can sell it at whatever price you want and there is nothing legal they can do to you.   The first sale doctrine would apply here.  They are bluffing.

 

Disclaimer:  I am not a lawyer.

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Supplement Mfg threatening legal action.

One question: Are you a pharmacist or a dealer for their products? If so, do they have a minimum advertised price policy? If you are a dealer for their products, and they have a MAP pricing policy, then yes, you ARE obligated to follow it according to your dealership agreement. If not, I think they really have no say in the matter, legally. It's YOUR item, you can sell it if you wish.
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