Legal Question in Intellectual Property in New York
ingredients used in new food products - ok to use without permission
if i wanted to come out with a new food product (ex. a sauce), would i have to make some sort of arrangement with the company that produces the ingredient used in my sauce?for example, if i were to use commercially available olive oil, would i need to make arrangements with the specific olive oil company that is going to be used in my sauce? or are IP laws set up so that food ingredients can be used in other food products (to be commercially marketed) without any notification being given, fees being paid or arrangements being made? would these be universal laws (ones that govern all over the world) or just NY or the U.S.? to sell a food product commercially, does the company/product need to be legally registered anywhere (ex. federal/state government agency) and/or have to receive some sort of approval (ex. FDA)? would these laws also apply to prepacked alcohol shots sold in stores (jello shots)? any assistance on these questions would be greatly appreciated. if you know of any decent sources of information relating to the above-referenced laws, please let me know.
1 Answer from Attorneys
Re: ingredients used in new food products - ok to use without permission
As for the IP portion of your question, no, you ordinarily do not need to enter into any arrangement with or give any "credit" to the makers of the individual ingredients in your food product. However, you would need to enter into such an arrangement if you intend to use the brand name of an ingredient in marketing or advertising your product. For example, if you were selling ready-made Jello shots (Jello is a registered trademark by the way, so you'll need a different name) and you had printed on your packaging or advertising materials "Made with Absolut Vodka," you would need a trademark license from Absolut. But otherwise, you do not need any permission or license from the makers of your individual food ingredients. As for the remainder of your question re FDA requirements, perhaps another attorney more qualified in that area can provide an answer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
