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Is it illegal for me to use other products in my product?

Richard Gao

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Mar 24, 2018
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I am wondering if I can run into legal hot water if I use other products in my product. I know this sounds dumb but bear with me.

I need 3 main components with my product:

1. Manuka honey
2. Medical adhesive tape
3. Absorbent bandage padding (the stuff you find in the middle of bandages)

I have already found possible manufacturers for these. However, they are not "manufacturers" per se, they are marketing their products for personal consumption. I don't know if I can get into trouble using these sellers as manufacturers, their products will obviously be altered into unrecognizable form, but I'm a little reluctant on proceeding.

Thanks guys

EDIT: I may have just given away my idea, but ideas are just "neurological flatulence" as MJ says lol.
 

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Fastlane Liam

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Bro I think its fine,
I have a friend who works in an Orange juice factory,
When they come to labelling part they put a different label for each supermarket (Tesco, Asda, Morrisons) on the juice. Some have more sugar, some more bits. But at the end of the day its the same stuff, the more expensive Juice and value version.

If you're getting it from the manufacturer I dont see any problem
 

NanoDrake

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Th downfalls are so many that I would loose a day on this
As a rule of thumb, if you don't know exactly what you put inside your product, it's not a good idea.
 
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Richard Gao

Richard Gao

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Mar 24, 2018
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Th downfalls are so many that I would loose a day on this
As a rule of thumb, if you don't know exactly what you put inside your product, it's not a good idea.
Thanks, I do know exactly what is going into my product, I just didn't specify the exact manufacturer.
 

Late Bloomer

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However, they are not "manufacturers" per se, they are marketing their products for personal consumption.
I usually see that somewhere in any package from a pharmacy or drugstore, there's a message something like, "This is packaged for individual use only, not for resale."

Could you get in legal trouble if you violate that? I don't know. But it seems like a potentially risky area.

I wonder why you couldn't simply buy each of your supplies in wholesale quantities, without the packaging, from the manufacturers?
 
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Richard Gao

Richard Gao

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Mar 24, 2018
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Canada
I usually see that somewhere in any package from a pharmacy or drugstore, there's a message something like, "This is packaged for individual use only, not for resale."

Could you get in legal trouble if you violate that? I don't know. But it seems like a potentially risky area.

I wonder why you couldn't simply buy each of your supplies in wholesale quantities, without the packaging, from the manufacturers?
To be more clear, the materials I want to use aren't really composed of more materials, they are more along the lines of some medical tape or some absorbent cotton padding, so I guess that knocks off 2 of my main materials, since I can find oodles of legit manufacturers for that.

I am just concerned about the honey at this point. I'm guessing its considered a raw material like wood or gravel. But idk if I can use it, I'll just email the honey suppliers then.

Thanks
 

Scot

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I am wondering if I can run into legal hot water if I use other products in my product. I know this sounds dumb but bear with me.

I need 3 main components with my product:

1. Manuka honey
2. Medical adhesive tape
3. Absorbent bandage padding (the stuff you find in the middle of bandages)

I have already found possible manufacturers for these. However, they are not "manufacturers" per se, they are marketing their products for personal consumption. I don't know if I can get into trouble using these sellers as manufacturers, their products will obviously be altered into unrecognizable form, but I'm a little reluctant on proceeding.

Thanks guys

EDIT: I may have just given away my idea, but ideas are just "neurological flatulence" as MJ says lol.

Ok so, let me try and understand this, the “manufacturers” are just reselling a product?

Let me give an example of my product and we’ll see if that clarifies anything for you.

The main ingredient in one of my products is mayonnaise. At one point I was going to use Hellmanns mayo. Buying bulk Hellmanns and adding spices and other ingredients to make my end product is 100% legit.

Does this answer your question?
 

NanoDrake

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Ok so, let me try and understand this, the “manufacturers” are just reselling a product?

Let me give an example of my product and we’ll see if that clarifies anything for you.

The main ingredient in one of my products is mayonnaise. At one point I was going to use Hellmanns mayo. Buying bulk Hellmanns and adding spices and other ingredients to make my end product is 100% legit.

Does this answer your question?
That where I got confused, I don't get if he would take a finished product or just take it from the supplier and then mixing it other products supplied from other suppliers, if that's the case, then you can clearly go (unelss there are patents in the equation)

About taking a product and adding stuff, especially when comes to food, it's still illegal (at least in the EU) to not have the product assembled in a proper food approved facility and having the supplier msds of the finished product ready with all the tests...

I assume Hellmanns were making the mayo for you right?
 

Scot

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That where I got confused, I don't get if he would take a finished product or just take it from the supplier and then mixing it other products supplied from other suppliers, if that's the case, then you can clearly go (unelss there are patents in the equation)

About taking a product and adding stuff, especially when comes to food, it's still illegal (at least in the EU) to not have the product assembled in a proper food approved facility and having the supplier msds of the finished product ready with all the tests...

I assume Hellmanns were making the mayo for you right?

All of my products are made in a accredited food production facility. If he’s making medical grade manuka bandages in his living room, yeah, that’s definitely a problem.

But just looking at his post, if he has a qualified manufacturer take manuka honey, put it on a sterile pad, with a bandage, in a package, it should be fine.
 
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Richard Gao

Richard Gao

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Mar 24, 2018
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All of my products are made in a accredited food production facility. If he’s making medical grade manuka bandages in his living room, yeah, that’s definitely a problem.

But just looking at his post, if he has a qualified manufacturer take manuka honey, put it on a sterile pad, with a bandage, in a package, it should be fine.
Lol yeah, I'm not making them in my living room, I'm having it assembled somewhere alse, and I'll even have it run through e-beam sterilization just to be safe.
 

Scot

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Lol yeah, I'm not making them in my living room, I'm having it assembled somewhere alse, and I'll even have it run through e-beam sterilization just to be safe.
I honestly don’t see anything wrong with this.

Make sure you have all your ducks in a row when it comes to medical grade certifications and make it happen.
 

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Richard Gao

Richard Gao

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Mar 24, 2018
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I honestly don’t see anything wrong with this.

Make sure you have all your ducks in a row when it comes to medical grade certifications and make it happen.
Thank you, I've come across another problem though: the licensing for medical devices. I know bandages are considered a class 1 medical device. I went on the FDA website and it said the fee for a class 1 license is around $4000, should I continue with the product?
 

GIlman

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When you buy sonething, you own it. Unless there is some legal agreement inplace at the time of sale you can resell, bundle, modify and resell to your hearts delight.

This is called the first sale doctrine. First-sale doctrine - Wikipedia

For example, the statement above about seeing labeling stating “for individual use, not for resale”, “labeled for individual use only”, etc... This by and large is a essentially a suggestion.

In the US once you own something you own it, and can dispose of it as you see fit. Companies can slap any label they want on any product. That does not make it a binding contract.

As an example, you’ve seen the stickers on stuff that states something like “warranty void if opened”, these are not even legal.

FTC: "Warranty Void If Removed" Stickers Are Illegal

There are some exceptions to this of course, such as modifying and selling movies due to copyright laws, or if you sign some contract stating you won’t do something as a condition of the company selling the product to you directly. Even then if challenged the company may not be able to enforce these conditions because of first sale doctrine.

But there is no such agreement if you buy it on the open market, so by and large once you own something it is yours to do with as you please.

If this wasn’t the case you could not paint yiur car, change the wheels on your bike, etc and then sell it.

People even make businesses off buying products, modifying the product and then reselling them. Example is colorware that buys electronics like apple iphones, paints them, and resells them.

ColorWare

Now, there are some weird laws on the books in some specific industries, most of these seem related to copywrite or other intangible products.

I’ve been involved in some projects involving event tickets. Some states have weird laws such as in Hawaii, it is illegal to resell boxing match tickets above face value, but all other tickets are free game. Other states have individual laws in this regard.

SeatGeek 101: US Ticket Resale Laws

But event tickets are not a tangible product to begin with. It’s essentislly an option contract giving the bearer the right to attend an event at a specific time in a specific place. So the event organizers have lobbied for laws in states to regulate these transactions.
 
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Late Bloomer

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When you buy sonething, you own it. Unless there is some legal agreement inplace at the time of sale you can resell, bundle, modify and resell to your hearts delight....
Thanks Gilman! I didn't know that those warnings were mostly to "suggest" (or maybe intimidate) people, but often don't have any legal value at all. Very useful examples!

It seems really weird and arbitrary that in Hawaii you can't be a ticket scalper for boxing, but you can for anything else! What were they thinking? Is there a boxing promoter who's very well connected with the governor?
 

AF77

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You need to make your medical device into a “cosmetic” or “health” product.

Or else yes, you need to abandon assembling medical products.
 
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