I hate to bring this up since I'm sure we all strive to make quality soap. But after reading the are you ready to start your soap business I got kinda freaked out. I was not planning on selling my soap for a while but there is quite a demand for it at my place of business so I said ok I'll sell it. I haven't registered as an llc or anything so I feel very vulnerable. Has anyone ever been sued or had any complaints?
Has anyone ever had issues selling soap? Been sued?
- Thread starter miggymoo
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I never had a problem other someone broke out in small rash related to the fragrance oil. I listed every ingredient on the soap but the scent was pear fragrance oil. She actually broke out in a horrid rash her friend told me from bare essentials which is extremely rare. She only uses irish spring now, go figure. We can only do what we can, I do have insurance through my home owners.
I forgot to mention I heard a soapmaker attempting to be sued because the said customer got the soap in her eyes and it burned like most soap. I put a label on mine for the precautions not to be used internally or in the eyes or eaten. You just have to protect yourself, most people won;t sue over an allergy unless not mentioned on the label, but you still have to protect yourself.
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miggymoo said:
Go ahead and make an llc, even if you are not ready to sell yet. They are very cheap, in my state its only $40. It may be more where you live, but its not alot.
Guywithsoap?
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I was looking into the cost of forming an LLC in NY and it looks expensive. The initial fee is not much, $35-40, but there are secondary issues. You have to run advertisements publicizing the formation in two newspapers as well as a minimum yearly fee of at least $325.
http://www.legalzoom.com/llc-faq/llc-operating-costs.html
If someone was looking to sell on ETSY or some other similar site, then it seems that they would need to sell an awful lot to cover this.
http://www.legalzoom.com/llc-faq/llc-operating-costs.html
If someone was looking to sell on ETSY or some other similar site, then it seems that they would need to sell an awful lot to cover this.
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Well we must just be lucky, there is no such requirement in our state. It is $35 and that's it. You may have to submit the annual report but you do not have to pay these absorbent fees. Is it not possible to form your llc in another state and run your biz. from that location? This may be possible if you live near state lines...
sarawithouth
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$300 in Texas, but it's good to file before opening.
Oh man pa is actually $125 plus:
Pennsylvania requires all limited liability companies to file annual registration. Annual Registration fees start at $380 per year, and is equal to $380 multipled by the number of members of the LLC. These fees are payble to the Pennsylvania Department of State.
Any other options?
Pennsylvania requires all limited liability companies to file annual registration. Annual Registration fees start at $380 per year, and is equal to $380 multipled by the number of members of the LLC. These fees are payble to the Pennsylvania Department of State.
Any other options?
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TikiBarSoap said:
Actually I think the entire thing may be $150 if you add up all the various fees, but to get started I think the fee is really low. I am in the process now and that is what I was told, but there may be some hidden fee somewhere :evil:
BakingNana
Well-Known Member
miggymoo said:Yeah. I wonder how much I can actually fit on a label
The INCI ingredient lists on my labels is so tiny; it meets FDA size requirements, but I'd bet 80% of my customers can't read it without a magnifying glass! At shows, I have a product ingredients sheet laying on the table, with the ingredients listed in plain old English. I have to say in general people are put off by the INCI codes. I have to explain why ingredients are listed that way.
janie said:
Placing a disclaimer on a label will not prevent costly lawsuits & will not guarantee you a win.
To answer the OP, chances are you will not find anyone on this forum that has been sued. Soapmakers who have been sued have probably given up soapmaking & faded away. They would not still be here hanging around to tell their tale. I can remember several soap makers, over the years saying they were being sued & 1 by 1 they dropped off the planet.
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Harlow said:TikiBarSoap said:
Color me stupid
Absorbant just means capable of absorbing - so I was kinda being silly and making a play on words. Because the form I filled out required $35, but because I am in the process of getting my llc now, there may be more money absorbed in the process, hence leading to an absorbent fee ;P
It was just my lame attempt at humor :roll:
I have a local shop interested in buying wholesale from me. After reading the are you ready to sell your soap thread I am kind of nervous. I only plan to use one recipe to start with. I haven't had any problems and many people have tried this recipe and loved it. People are so sue happy these days though.... I might be over thinking it...
soapbuddy
Well-Known Member
How long have you been making soap?miggymoo said:
I don't believe you are over thinking it. If you have an expertise, if you have stability data on your soap, if you know every batch will be safe, then think about it. But it takes more than just a few months of soaping to have all your ducks in a row.
Even the record keeping can be a nightmare. Do you record your raw material batchs so that you can match them up with your soap batches? If someone does have a problem then you will need to be able to prove you have good record keeping. Just for starters.
Even the record keeping can be a nightmare. Do you record your raw material batchs so that you can match them up with your soap batches? If someone does have a problem then you will need to be able to prove you have good record keeping. Just for starters.
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carebear said:
Yeah, this is so true. You should keep a log of each batch you make. I have a soaping notebook for this purpose, where I record literally everything - temp of soaping, amount of H2O, amount of NaOH, amounts of oils, amounts of FO, colorants, if I added Vit E, how long it took to trace, etc. I date it and I have one log entry per page.
Once you are ready to sell you have to have great financial record keeping for tax purposes as well.....
BakingNana
Well-Known Member
...and don't underestimate the time involved in doing the paper work. Holy cow; I spend 9 tenths of my time on "office" work. Thank God for good software.
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