Repackaging and Selling Kellogg Cereal

[appletreela]

I know similar question has come up a few times, but I will be very specific.

I want to sell a food/snack package that includes different type of food like cereal, crackers, nuts and seeds, fruits etc... My question is, for cereal, can I repack Kellogg cereal I bought at wholedsale price and put them into smaller package and sell them as part of the snack package?

I will note the cereal is repacked from Kellogg's cereal. I am at California.

Should I contact Kellogg and ask them if it is ok to do so? Or is there any law govern this issue? I googled "trademark exhaustion", it sounds to be ok to resell as long as long as the product is "genuine", but I thought the food industry might be a different story.

Thank you in advance! Any advice is appreciated.

[KeyWestDan]

Patent law has nothing to do with it. Trademark law has little to do with it.

Everything can be a possible ingredient in something else. No manufacturer has any legal control over the use of its product.

There is no tort or any type of injury that could be alleged over what you are doing, unless you contaminate the food and then you will have lots of problems, but not from the cereal company.


However, I would not identify the cereal by name, but simply by ingredients. If you used the company name, a trademark argument could be made that you are trading off of that company's name and reputation. That could cause trademark issues. You will need to research FDA regulations to see what things need to be listed.

[Mr. Knowitall]

Are you talking about creating a "trail mix" type product that includes cereal, or about separately packaging the cereal in a package with a variety of other snack products? Are you planning on using the Kellogg trademark on the package or are you planning to describe the contents generically? Are you planning on this being a product you would sell at the counter of a food establishment you own and operate, or are you planning on trying to market this product through other companies?

You should anticipate that if you're repackaging products while using the name Kellogg on your packaging, you can anticipate that if Kellogg learns about it they will be concerned about the quality and integrity of your packaging, and that your product explicitly notes that it has been repackaged and that Kellogg is not responsible for the repackaging.

Also, if you're planning on distributing this product you need to be aware of and comply with the health inspection laws and regulations of your state, as well as the laws for listing ingredients. Ingredient labels can be complicated if you're using third party products as an ingredient, although you should be able to get the final product analyzed for its ratio of component ingredients if necessary.

[appletreela]

I am talking about "separately packaging the cereal in a package with a variety of other snack products". So I am thinking the label would be adding everything together from all the products.

And of course, I am complying with all the laws in my state and county, acquiring health permit and all that.

What I am not sure is, I certainly don't mind marketing everything as generic without using Kellogg name at all. Would that get me into trouble?

And if I have to put Kellogg's name on the package, I have no problem note that it has been repackaged by me and Kellogg is not responsible for the quality. Does it keep me out of any problem by doing that?

Thank you very much!