Legal Question in Business Law in California
Brand name/company name
If I name my product(s) using the word ''organic'' and my product(s)are made from agricultural ingredients or are agricultural products, do my products have to be certified organic to the USDA National Organic Program? If some but not all of my products are certified organic under the USDA National Organic Program, can my company name include the word ''organic.'' If none of my products are certified organic under the USDA National Organic Program, can my company name include the word ''organic.'' Would it be considered misleading to name my company or products ''organic'' if they are agricultural or from agricultural ingredients and were not certified organic to the USDA National Organic Program. Would I have more protection if I trademarked the name of my company or products? Thank you.
5 Answers from Attorneys
Re: Brand name/company name
You are more protected from infringement if you trademark your brand and possibly other assets. We would need to do some research and discuss the facts with you to answer your other questions. You can contact us at NanceGroup.com
Re: Brand name/company name
You would be well advised to tread lightly in this area and to seek counsel before moving forward. As an FYI: A civil penalty of up to $11,000 can be levied on any person who knowingly sells or labels as organic a product that is not produced and handled in accordance with the National Organic Program's regulations.
I would be willing to discuss your business to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
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Re: Brand name/company name
First off... All products sold as "organic" must be certified. As far as whether you can use the term organic in the name... I believe (not a legal opinion) that as long as it is not considered deceptive or used in a way to make people believe your product is organically certified, then it is ok. I would need to research the issue more, since while I have some experience with representing clients who sell organic food, you are the first I have seen that has raised such an issue.
Re: Brand name/company name
Your question involves lots of highly specific legal inquiries and I strongly recommend you consult a knowledgable attorney. Besides any specific organic product or other federal statutes or regulations, you might also need to be sure you don't run afoul of applicable FDA and/or even FTC regulations (governing your marketing practices). Trust me from previous client experience, you do not want the FTC mad at you.
Feel free to contact me for a consultation as to the extent of your research project and the estimated cost.
Re: Brand name/company name
Misbranding of food products is subject to both criminal and civil penalties under the Food and Drug Act. A mislabled product is considered an adulterated product and the FDA will remove it from commerce if apprised or there are complaints.
If a product is not organic, you can not say that it is. Certification may or may not be required depending on the product and its use.
I would strongly suggest you contact an attorney to review your ideas and business plan.
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