posted on July 31, 2001 11:35:33 AM
I was told someone is buying a food "ingredient", pouring into another bottle (decorative bottle), then placing their own designer label on the bottle and re-selling the product. The label says "product made in "@#$@$#@" Is this legal? I can get this product, by the truckloads, for very cheap compared to what it is being sold for.....but dont want to get into any illegal trouble! Any advice?
posted on July 31, 2001 12:02:21 PM
Before spending $ on a lawyer, ask your local board of health, and also the FDA (the FDA might even have a web site that will tell you what you need to do).
The supplier might even be able to answer your questions or point you in the right direction.
posted on July 31, 2001 12:08:22 PM
Are they selling it to be an ingredient or decoration???
I know many arts and crafts people take regular vegetable oil or vinegar and put flowers, etc into a decorative bottle, then fill the bottle with the oil or vinegar.
It's being sold as a decoration, not a equal product.
posted on July 31, 2001 01:57:06 PM
You should definitely see a lawyer, but here are some points of interest.
First, manufacturing food products at home for resale is forbidden without special permits. Even if all you do is pour something from one bottle to another, that's "preparation" and it requires health department inspections, licenses, etc.
Second, selling food products opens you up to enormous liability. Do you REALLY want to be sued for food poisoning or some other issue over a decorator bottle of vinegar or a dozen cookies in a pretty tin? You'll want to get some heavy-duty liability insurance first off.
Finally, a trademark/copyright issue may or may not be involved. That's something for your lawyer to advise you on.
Selling food over the Internet is not an area I'd want to get into, for all the reasons above and more.
