Is it lawful to buy a product wholesale and then repackage/sell it?

The original product’s name will still be on the package and the contents will not change. Basically, I will be buying a product that comes in a very large 50lb container, and I would like to package the product into smaller, 8 ounce boxes.

Asked on September 10, 2014 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It MAY be legal:

1) First, you have to make sure that doing so does not violate any terms of sale under or pursuant to which you purschase it--for example, that this product is not sold as "not for resale."

2) You have to make sure that you in no way indicate any connection between you and the manufacturer which does not exist and that you do not suggest that you are the source or originator of the product.

3) You cannot use their trademarks, trade names, etc. in your advertising without their permission.

4) If repackaging voids any warranties or has an safety issues, you will have to deal with that--for example, you may need to inform your own customers that the warranty has been voided.


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