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Manufactured by vs Distributed by on the label


Best Answer , 06 August 2020 - 09:43 PM

So you put manufactured for alternate trade name. The address would still be the main facility.  

 

Yup address is the same :) but e-mail and phone number was different. we had a line for main facility name and one for trade name.


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Njaquino

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Posted 06 August 2020 - 07:23 PM

Our company is introducing a new product under the alternate trade name. They do not want to associate it to our current brand (main FFR name) but want to manufacture it under the same facility (same lines). Is there any legal way to do. Can we put distributed by instead? 

 

I say no because it is being manufactured at the facility noted in FDA. But on our Food Facility Registration (FDA), We have the alternate trade name. So can I just put manufactured by the alternate trade name? Instead of manufactured by the main name? 

 

I am sorry I am trying to write this without it sounding confusing. Point is if we have an alternate trade name can we use that after manufactured by instead of the main name.   


Edited by Jacob Timperley, 07 August 2020 - 09:42 AM.


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Posted 06 August 2020 - 07:36 PM

I can only answer this part as I have experience in this area with a client of ours ---

 

You said in part: 

"Point is if we have an alternate trade name can we use that after manufactured by instead of the main name."

 

Answer: No you can not.

 

Source of this was actually an attorney that we called in to provide consulting - it had to do with trade marks.

 

Technically speaking your company which is the manufacturer anyway can become a contract manufacturer for the other trade name.

 

I would suggest your company brings in a legal consultant for this to ensure everything is legal.


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The Food Scientist

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Posted 06 August 2020 - 08:01 PM

No.

 

I worked in a facility that had a main name and used that name on some of the products. 

 

They also had a trade name/brand name they used to label other products. 

 

This facility is the same one, same lines same address same everything. Even an FDA inspector came to verify that.

 

The products labeled with the other trade name/brand name manufactured in the same facility with the main name would be labeled "distributed by" or "manufactured for" and not "manufactured by".

 

Hope it helps :)

 

Edit: Also I am speaking from experience and from contacting the state dept. of Agriculture. So if you are unsure you can contact your state or FDA. They always answer any questions.


Edited by The Food Scientist, 06 August 2020 - 08:11 PM.

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Njaquino

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Posted 06 August 2020 - 09:37 PM

No.

 

I worked in a facility that had a main name and used that name on some of the products. 

 

They also had a trade name/brand name they used to label other products. 

 

This facility is the same one, same lines same address same everything. Even an FDA inspector came to verify that.

 

The products labeled with the other trade name/brand name manufactured in the same facility with the main name would be labeled "distributed by" or "manufactured for" and not "manufactured by".

 

Hope it helps :)

 

Edit: Also I am speaking from experience and from contacting the state dept. of Agriculture. So if you are unsure you can contact your state or FDA. They always answer any questions.

 

So you put manufactured for alternate trade name. The address would still be the main facility.  



Njaquino

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Posted 06 August 2020 - 09:39 PM

I can only answer this part as I have experience in this area with a client of ours ---

 

You said in part: 

"Point is if we have an alternate trade name can we use that after manufactured by instead of the main name."

 

Answer: No you can not.

 

Source of this was actually an attorney that we called in to provide consulting - it had to do with trade marks.

 

Technically speaking your company which is the manufacturer anyway can become a contract manufacturer for the other trade name.

 

I would suggest your company brings in a legal consultant for this to ensure everything is legal.

 

The owner contacted a patent attorney but I told them it needs to be a label attorney. We haven't heard of anything from the patent attorney in 2 months, hence why it was given to me. 



The Food Scientist

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Posted 06 August 2020 - 09:43 PM   Best Answer

So you put manufactured for alternate trade name. The address would still be the main facility.  

 

Yup address is the same :) but e-mail and phone number was different. we had a line for main facility name and one for trade name.


Everything in food is science. The only subjective part is when you eat it. - Alton Brown.


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