Legal Question in Business Law in Florida

Can you sell a product using existing bottles (putting your own contents and labels on the purchased bottles)? Are there any ramification I should be aware of?

Do I have to have a license or just a business name to sell a product in Florida?


Asked on 7/10/14, 2:36 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

First, in most cities and counties you need an "Occupational License" or something along those lines to conduct business. Some municipalities require additional vendor licenses in order to sell goods in certain zones or areas. You should really check with your local authorities about that.

With regard to the bottle issue, in many cases you may be able to reuse bottles to sell your product, so long as there is no confusion about whether the contents are yours or the original contents. However, depending upon the product you are placing in the bottles there could be regulations related to sanitation and health that could govern the use of used vs. new bottles. Additionally, you should determine whether there are any Trademarks in existence that would prevent you from using a particular bottle. For instance, you may not be able to use the classic "Coca Cola" bottle due to a Trademark. The shape of the bottle is universally known and people could mistake the product for Coca Cola.

For questions like this, when there is so much riding on the outcome, and there are so many variables to the situation, it is difficult to get the answers you need from a legal forum. The risks are too great and the likelihood of mistake is so high, you really should spend the money and hire a lawyer in your area who can advise you specifically, and hopefully help you navigate the pitfalls associated with a new business venture.

Good luck.

Read more
Answered on 7/14/14, 5:47 am


Related Questions & Answers

More Business Law questions and answers in Florida