Do I need Private Label permission to repackage a product if I intend to alter the formula by adding additional ingredients?

Small Business 2 views 2 answers
I am intending to open my own massage clinic when I finish my training & licensing next spring. There is a certain massage oil company that I like but I want to either alter the fragrance slightly or add my own proprietary essential oil blends, botanicals, etc., to their products, then repackage them in my own bottles & brand labels. First, their formulas are not patented. Second, I am aware of the FDA cosmetic labeling laws of ingredients. Third, I am trained in the safe use of the additional ingredients. Because I am using their product(s) as a "base" which I want to improve--with my additions from 1%-40% of final product, altering it noticeably & therefore essentially turning it into new products no longer identifiable as the original brand products--is this legal? Thank you!

Attorney Answers

2
Curtis Lamar Harrington JrTax LawyerLong Beach, CA ·
Are you using their packaging? Are you using their name? Are you using their trademark? How will anyone know? Isn't it less expensive to: (a) blend your own? (b) buy from them in bulk with the understanding that you are blending your own? (c) can't you get it more cheaply from other sources? Are you coming to the Natural Products Expo next month in Anaheim? Who knows what you might find there.....
0 upvotes
Michael Doland ·
You seem to have done your "homework" and be experienced in the industry. My analysis is that you should not have legal problems so long as you properly label the ingredients with using trademarks or tradenames and respect FDA labeling laws. A side-suggestion: product liabllity insurance is always worth investigating.
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