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Disclaimers on joke items sold.

Asked over 2 years ago - New York, NY

Business

I started a company that sells a Break-Up Kit that includes instructions on how to "safely burn the stuff your ex left behind." It's meant as a joke but if some idiot burns down their house and then tries to sue me, that's not so good. Should I eliminate that item or is there a disclaimer I can print on it?

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Attorney answers (1)

Kaiser Wahab

Reputation Level 14

Answered over 2 years ago. Business Attorney in New York, NY.

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You should consult an attorney familiar with products liability. Generally speaking novelty items have disclaimers that directly contradict the "joke" purpose of the item and expressly reiterate that the product is for amusement purposes only. In your case, not knowing the product at hand, it seems that at the very least you should generally state the product is not to be used in any manner connected with arson.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

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