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

UPDATED: Sep 10, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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