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Starting new business looking for advice

This topic contains 1 reply, has 2 voices, and was last updated by  David Crabill 8 months, 1 week ago.

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  • #113642

    Samantha
    Participant

    I have my DBA, EIN, and vendor’s license. I am wanting to buy bulk candy and resell it online in smaller packaging. I even found a candy wholesale distributor willing to sell to me. My issue now is repackaging. I’m not making this product. I want to make sure I’m not infringing on copyright.

    For example, I order a 30-pound bag of candy that is unwrapped candy like orange slices. (not actual fruit) How do I repackage that? I didn’t make the candy but I’m now handling the candy is that allowed in Ohio? Does this fall under cottage food law even though the candy wasn’t made by me? I’m only repackaging the product.

    Do I still need to label the candy? How do I do that to make sure I’m not claiming the product is my own? That I’m just a vendor reselling in smaller packaging. What needs to go on the label if a label is needed?

    I’m willing to change my business model to only include prepacked candy but if I can legally repackage bulk unwrapped candy that would be more beneficial to my business because it will allow more variety.

    I’ve searched and haven’t found any answers just more questions. Thank you for your help and guidance. I’m new here and hope that this is the appropriate forum. Also, if possible explain this to me like I’m a five-year-old. I’ve searched for answers for weeks so I’m missing or not understanding something.

    #114736

    David Crabill
    Keymaster

    Here is some info about that: https://forrager.com/faq/#repackaging
    Basically, yes you can do this with unwrapped candy. You mentioned “variety”… the variety resulting from combining candies should be enough of a change for you to not worry about copyright. And I’d also consider how branded the product is in the first place. If it’s a generic brand, I wouldn’t worry about it. But if it’s a branded product with lots of marketing dollars spent to brand it, then I wouldn’t resell it in its exact form. For instance, I use Guittard chocolate in my business, and I could get a wholesale account with them. But I wouldn’t buy their chocolate wholesale and then resell it in a smaller package. I hope that makes sense!

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