Legal Question in Business Law in California

Liability Protection

My wife and I want to market our own recipe for a food dip and were wondering what kind of protection we need before we start selling our product to the general public? Are label warnings enough? Can someone sue us if they get sick? Would the FDA need us to file things with them first? In a nutshell, what should we look for before embarking on this business? Thank you!


Asked on 5/05/00, 5:27 pm

2 Answers from Attorneys
Francis Doherty Doherty Georgeson & Kerley LLP

Re: Liability Protection

Keep your recipe a secret. It's proprietary information. You can be sued if someone becomes sick because of your product.

Francis Doherty

415 421-8890

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Answered on 6/21/00, 3:14 pm
Andrew Thomas Thomas & Thomas LLP

Re: Liability Protection

Without getting into an exhaustive list, the first and most fundamental thing you should do is to form a corporation or limited liability company so that any liability will be limited to the assets of the business, and not you personally. Next, buy a comprehensive business insurance policy with any endorsements required to cover any personal injury claims arising from the use of your product. You should also check with the FDA about any compliance issues pertaining to trhe labeling or distribution of of your product--and if you give it a name you should stongly consider getting a trademark.

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Answered on 6/21/00, 3:11 am


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