Q: I am interested in developing a bundle recovery product that includes wellness products.
Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.
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A:
To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:
1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are authorized to do so. Some manufacturers have restrictions on reselling their products, especially if you plan to sell them online.
2. Packaging: If you are not modifying the packaging of the products, you should be fine. However, make sure that the original packaging complies with California labeling requirements, such as the California Fair Packaging and Labeling Act, which mandates that products bear accurate and clear labeling.
3. Dietary supplements: If your bundle includes dietary supplements like vitamins or protein bars, they must comply with the Dietary Supplement Health and Education Act (DSHEA) and FDA regulations. The supplements should be properly labeled and not make any unsubstantiated health claims.
4. Over-the-counter medications: Pain medication, such as acetaminophen or ibuprofen, are considered over-the-counter (OTC) drugs. The sale of OTC drugs is regulated by the FDA and the California Board of Pharmacy. Ensure that the medications are FDA-approved and comply with all labeling and packaging requirements.
5. Cosmetic products: Face wash is considered a cosmetic product. Cosmetics are regulated by the FDA and the California Safe Cosmetics Act. Ensure that the face wash products comply with these regulations, including proper labeling and safety requirements.
6. Business licenses and permits: Obtain the necessary business licenses and permits from the state of California and local authorities to operate your business legally.
7. Online sales: If you plan to sell your products online, comply with California's e-commerce laws, such as the California Online Privacy Protection Act (CalOPPA), which requires you to have a clear privacy policy on your website.
It's advisable to consult with a licensed attorney specializing in business and consumer product laws to ensure that your bundle recovery product complies with all applicable California and federal regulations.
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