can I repurpose someone's product and sell it?

by pbrite
44 replies
Let's say a company is known for selling 7 types of magic potions that are not readily identifiable from other competing magic potions, other than by their effectiveness and bottle label. There are several companies that sell the same potions but none are as popular nor report results as well as this company does.

It is suggested that combining certain potions will create specific outcomes, but the company never sells those combinations. They only sell the separate bottles.

If I were to come up with a combination that has proven to have a specific outcome, re-purpose it into tablet form or gel cap, and then sell them separately under a private label, is that copyright infringement?
#product #repurpose #sell
  • Profile picture of the author BradVert2013
    You need to talk to a lawyer about something like this.
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    • Profile picture of the author agmccall
      why not take a walk into reality and say what you really want to say

      al
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  • Profile picture of the author lotsofsnow
    [DELETED]
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    • Profile picture of the author pbrite
      Let's say I've tested this and the outcome is as predicted. Again, these aren't proprietary ingredients but they are a proprietary label. So I wouldn't resell the product under the proprietary label name but I would divulge the contents.
      Here's why I think this might be okay. Essentially you can get meat under different brands from the same slaughterhouse. Some cuts are more quality than others. If Omaha sells steaks and burger king sells ground patties from the same cows and cut, they don't sue each other.
      So why couldn't this happen with my potion theory?
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    • Profile picture of the author BradVert2013
      Originally Posted by hpgoodboy View Post

      Aside from being a question for a lawyer it can be a question for a pharmacist or chemical or bio-chemical engineer:

      A combination of several items taken separately and the same basic ingredients
      pressed into one tablet can have a huge impact on the effect.

      If you take different ingredients and press them all into one tablet it can result
      in zero effect for the tablet. The ingredients takes separately can have a huge effect.
      Didn't even think about that. Great point.

      I know combing even basic items can be dangerous or have an undesirable effect. Amonia + bleach = deadly gas. Antibiotics can render some birth control pills useless. Some foods can't be eaten while on certain meds. Certain meds taken together can be toxic.

      Please get professional advice before doing what you're suggesting.
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  • Profile picture of the author XponentSYS
    A Short Story..........

    Let's say there's a dog and a fish. The fish owns a company that sells "fish" crackers. He has two flavors, cheddar and parmasean. The dog, likes BOTH flavors and sees it fit to eat them BOTH at the same time.

    The DOG is struck by the idea to bag them both together and resell them as ONE.

    This enrages the fish because the DOG repurposed what were BOTH his products.

    The FISH takes the DOG to court.

    The judge, who is a HORSE, agrees with the fish and the poor dog winds up in the "dog house".
    Seriously, forget all the "let's say I..." crap and just ask the damn question.

    I believe I may know what you're asking and if I'm correct... I have vast experience on which to offer you an intellegent answer.

    However, nobody's gonna get even close to that by playing games.
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    • Profile picture of the author smjconet
      Cut the crap. If you take 6 products of a competitor's and bundle them into a combo-pac that is still their property. Just because you take on can of coke and put it in a 6 pac, does not mean they lose their patent or trademark or copyrights.

      Or even if you were to put 6 individual products made by coke in a six pac. They are all still their property
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      • Profile picture of the author XponentSYS
        Originally Posted by smjconet View Post

        Cut the crap. If you take 6 products of a competitor's and bundle them into a combo-pac that is still their property. Just because you take on can of coke and put it in a 6 pac, does not mean they lose their patent or trademark or copyrights.

        Or even if you were to put 6 individual products made by coke in a six pac. They are all still their property
        YES

        I made this point using a fictional children's story to stick with the "theme" of the question and you put it in "grown up" terms.

        Well said and I agree with you.

        Success leaves "footprints"......... NOT "shortcuts".. Do the work and create a product that actually provides VALUE to the market.

        The idea of doing it any other way is.......... pure fiction
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      • Profile picture of the author Walter Cyclid
        Originally Posted by smjconet View Post

        Cut the crap. If you take 6 products of a competitor's and bundle them into a combo-pac that is still their property. Just because you take on can of coke and put it in a 6 pac, does not mean they lose their patent or trademark or copyrights.

        Or even if you were to put 6 individual products made by coke in a six pac. They are all still their property
        But what if the one can of coke is mixed with 6 cans of dr. pepper, and something other than coke or dr. pepper is created? Something that no one else is selling? I think that was kind of what the question was.

        I also think this is something for a lawyer who really knows copyright and paten law, needs to answer.
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    • Profile picture of the author pbrite
      Originally Posted by XponentSYS View Post

      A Short Story..........



      Seriously, forget all the "let's say I..." crap and just ask the damn question.

      I believe I may know what you're asking and if I'm correct... I have vast experience on which to offer you an intellegent answer.

      However, nobody's gonna get even close to that by playing games.
      It's not playing games, it's protecting a possible niche, unless you completely reveal where all your money sources come from without selling them in a WSO.
      But to help you with possibly an "intellegent" response, I'll try to get a little closer.
      Company Y sells a brand of sugar alternatives just like everyone else. They sell stevia, agave nectar and honey. Those are all natural products almost anyone can get their hands on, but Company Y bottles them, processes them in a certain way for high quality, and sells them better than anyone else.
      Company Y says "you know, if you combine our stevia and honey, you get more energy"...but they never sell that combination in one bottle. People try it at home, and through various recipes, they make it work.
      MY proposal is that I have made the right recipe for that combination and every time I do it, I get more energy. I give it to friends, and they also get more energy.
      Instead of putting it in a bottle, I put it in gel cap form. I swallow the cap, and guess what? I get more energy!
      So I would take Company Y's products, mix them according to MY recipe, put them in gel caps, and sell them as "Company Z gel caps for energy". I list the ingredients as "a proprietary blend of stevia and honey".
      Is this subject to infringement, so long as I don't use Company Y's name?
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      • Profile picture of the author travlinguy
        Originally Posted by pbrite View Post

        It's not playing games, it's protecting a possible niche, unless you completely reveal where all your money sources come from without selling them in a WSO.
        But to help you with possibly an "intellegent" response, I'll try to get a little closer.
        Company Y sells a brand of sugar alternatives just like everyone else. They sell stevia, agave nectar and honey. Those are all natural products almost anyone can get their hands on, but Company Y bottles them, processes them in a certain way for high quality, and sells them better than anyone else.
        Company Y says "you know, if you combine our stevia and honey, you get more energy"...but they never sell that combination in one bottle. People try it at home, and through various recipes, they make it work.
        MY proposal is that I have made the right recipe for that combination and every time I do it, I get more energy. I give it to friends, and they also get more energy.
        Instead of putting it in a bottle, I put it in gel cap form. I swallow the cap, and guess what? I get more energy!
        So I would take Company Y's products, mix them according to MY recipe, put them in gel caps, and sell them as "Company Z gel caps for energy". I list the ingredients as "a proprietary blend of stevia and honey".
        Is this subject to infringement, so long as I don't use Company Y's name?
        Yes. It's infringement. And here's the reason, from your own example: "Company Y bottles them, processes them in a certain way for high quality..."

        It's hard to say exactly because we're still playing games but this sure smells like a proprietary process and they'll come after you with a vengeance.
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        • Profile picture of the author SolutionSecrets
          I actually agree with the 1st post.

          Reasons are:

          1) They are not trademark, unless for BIG corporation
          2) If it's from same supplier, this called White Labeling
          3) Monkey See, Monkeys do *soft of*

          Scenarios:

          If a Supplier sell products to A, A repackage it and sell at $100, that's normal right?
          If supplier ALSO sell products to B, and B also repackage it and sell at Premium $300.
          White Labeling are Legal..
          Don't they all sue the 1st person which are the Supplier?

          What my opinion for "Bundling" are:

          If the product are "FREE" from anywhere, with PLR's, it's a repackaging process and can be sold again.
          If it's Trademark-ed, then of cause it's illegal.

          What do you think?
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  • Profile picture of the author Content Commando
    You want to take a product created by someone else and sell it as your own. That is immoral and illegal.
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    • Profile picture of the author nicheblogger75
      Originally Posted by Content Commando View Post

      You want to take a product created by someone else and sell it as your own. That is immoral and illegal.
      Close, but I think what he really wants to do is take several of someone else's products and combine them into one big product and slap his own name & label on it and then sell it as his own. Totally immoral, unethical, despicable, and I'm no lawyer, but I'd say it's probably ILLEGAL too! Instead what he should do is get up off his lazy as* and create his own original product instead of stealing somebody else's idea and hard work and using it for his own gain!
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      • Profile picture of the author pbrite
        Originally Posted by nicheblogger75 View Post

        Close, but I think what he really wants to do is take several of someone else's products and combine them into one big product and slap his own name & label on it and then sell it as his own. Totally immoral, unethical, despicable, and I'm no lawyer, but I'd say it's probably ILLEGAL too! Instead what he should do is get up off his lazy as* and create his own original product instead of stealing somebody else's idea and hard work and using it for his own gain!
        Thanks, but not exactly. Combining the ingredients into a specific recipe is not easy, and getting them into a gel cap isn't easy, either. The company didn't invent the ingredients they sell; they just process them better than anyone. I don't consider it illegal if steak is steak unless you turn it into ground beef. But if it's too touchy along legal boundaries, then it may not be worth pursuing.
        I think instead I will go direct with other ingredient manufacturers (i.e. generic) and combine them myself.
        For those who gave me honest feedback, thanks.
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        • Profile picture of the author BradVert2013
          Originally Posted by pbrite View Post

          Thanks, but not exactly. Combining the ingredients into a specific recipe is not easy, and getting them into a gel cap isn't easy, either. The company didn't invent the ingredients they sell; they just process them better than anyone. I don't consider it illegal if steak is steak unless you turn it into ground beef. But if it's too touchy along legal boundaries, then it may not be worth pursuing.
          I think instead I will go direct with other ingredient manufacturers (i.e. generic) and combine them myself.
          For those who gave me honest feedback, thanks.
          Are you 110% positive you can do this safely? It's one thing to compile a bunch of info you got online into your own ebook to sell, but quite another if you're making something that people will ingest. That's what scares me about your plan.

          I'm not trying to be a jerk, and if you know exactly what you're doing and can do it safely, then more power to you.

          If not, pay a pharmacist, chemist, nutritionist and others to help you.
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  • Profile picture of the author rmarx123
    If you have to ask if it's wrong / illegal / unethical / or will land you in court.... you already know the answer. why bother asking?
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  • Profile picture of the author wolfmmiii
    What is up the nasty responses to OP? Guys, give OP a friggin break man. He/she came in and ASKED A QUESTION. Some (not all) replies have been downright ignorant and there's no need for it.
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    • Profile picture of the author pbrite
      Originally Posted by wolfmmiii View Post

      What is up the nasty responses to OP? Guys, give OP a friggin break man. He/she came in and ASKED A QUESTION. Some (not all) replies have been downright ignorant and there's no need for it.
      Thank you (I'm a he). Some of the responses I've received have been like that. I don't think in any way I was suggesting anything malicious or "black hat". Given how most WSOs and strategies are derived, I don't think what I was asking about was too far off and I've asked questions before with legit, non-nasty responses. I'm a big boy and I can take it, but good luck to some of you in your customer service area.
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  • Profile picture of the author Jtraits
    most companies do that but there are ways in order to achieve it (pepsi & coca-cola , 7-up & sprite etc etc). talk to a lawyer and take legal advice first
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  • Profile picture of the author shane_k
    Ok I am gonna jump in here and see if we can get some clarification.

    Think about all the fast food restaurants out there. They all sell fries right?

    But, even though they all sell fries, each of them has their own proprietary method on how they cook those fries.

    McDonalds for example.

    Their way of making their fries is their proprietary method. No one else is allowed to cook fries in that specific way.

    But that doesn't mean the other fast food restaurants can't cook fries. They just can't do it the way McDonald's does.

    Do you understand the difference?

    If so, then let me ask you a question.

    Are you saying that you want to take McDonald's fries, (fries that have already went through their specific process) and put it in tablet form to sell?

    Or are you saying that you just want to take fries, regular fries, and put those into a tablet form to sell? (These would be fries that are regular fries and haven't been through McDonald's proprietary method)
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    • Profile picture of the author pbrite
      Originally Posted by shane_k View Post

      Ok I am gonna jump in here and see if we can get some clarification.

      Think about all the fast food restaurants out there. They all sell fries right?

      But, even though they all sell fries, each of them has their own proprietary method on how they cook those fries.

      McDonalds for example.

      Their way of making their fries is their proprietary method. No one else is allowed to cook fries in that specific way.

      But that doesn't mean the other fast food restaurants can't cook fries. They just can't do it the way McDonald's does.

      Do you understand the difference?

      If so, then let me ask you a question.

      Are you saying that you want to take McDonald's fries, (fries that have already went through their specific process) and put it in tablet form to sell?

      Or are you saying that you just want to take fries, regular fries, and put those into a tablet form to sell? (These would be fries that are regular fries and haven't been through McDonald's proprietary method)
      Yes. Pretty close. And I'd sell them as pbrite fry pills.
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      • Profile picture of the author JohnMcCabe
        Originally Posted by pbrite View Post

        I think instead I will go direct with other ingredient manufacturers (i.e. generic) and combine them myself.
        For those who gave me honest feedback, thanks.
        I think you found your answer.

        Another possibility you may have missed is a licensing deal to leverage that supplier's reputation for highest quality. Think Taco Bell and their Dorito taco shell. They unabashedly said "we took two things you love and combined them" and sold the crap out of them.

        Originally Posted by shane_k View Post

        Their way of making their fries is their proprietary method. No one else is allowed to cook fries in that specific way.
        This has more to do with contractual terms with their suppliers than any legal prohibition. McD has developed a process which they take pains to keep secret. If they had legal grounds, they wouldn't need the secrecy, just a bigger herd of lawyers.

        Same with the formula for Coke - if you could figure it out on your own, you could go to town. That's why the formula is more secure than classified government docs.

        If you want to know if a formula or process actually has legal protection, check with the patent office. If you find process or utility patents, there's protection. If you don't, all you have is a trade secret, which the company can try to protect as best it can.
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  • Profile picture of the author onSubie
    I think your subject/question is creating problems with perception of what you want to do.

    "can I repurpose someone's product" is different than "can I create my own product that is similar to something already available".

    A recipe cannot be trademarked or copyright, so as long as none of the individual ingredients are proprietary then the recipe would not be proprietary.

    Peanut butter and chocolate are both used as the basis for the popular Reese Peanut Butter Cups. You could create 'Peanut Butter and Chocolate Crumble' ice cream, using your own formulation of peanut butter, chocolate and ice cream.

    You could not create the ice cream using actual Reese peanut butter cups as one of the ingredients.

    Dairy Queen, for example, has trade agreements in order to use brand name candy in their Blizzard products.

    Another example is nutrition supplements. There are many white label manufacturers that allow you to create your own supplements based on combining different ingredients.

    So you could make your own work-out recovery drink based on whey protein, carbs, amino acids, etc combined in certain quantities. You could legally emulate a popular product with similar/same ingredients and market it as an alternative to the popular brand.

    Your concern would be the name, branding, coloring and marketing infringing on tradenames more than the ingredients in the formula itself.

    As others have mentioned, it does depend on the details of exactly what you want to do and any serious venture concerns should be run by a lawyer not an Internet Marketing forum.

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  • Profile picture of the author sbucciarel
    Banned
    I see plenty of potential problems. You plan on advertising using the other companys' trade name. Most likely a trademark violation. You didn't mention whether or not there's a patent on the original product.

    The WF doesn't have many lawyers ... which is what you need.
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  • Profile picture of the author Katie Rich
    I have no idea if this is legal or not, I have no law degree.

    What does bother me is WHAT you are combining. If you are a trained and certified pharmacist, great, if not then please do not combine anything, even health products, put them in a pill and give them to anyone.

    I take a particular medication. If I take certain health pills they invalidate my medication and could cause me serious harm. If I take some other prescription type medication that too can cause me harm.

    If it's fries, great, sell 'em. If it's any form of health pills then get some serious advice from someone who knows what they are doing, if that person is not you!
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    • Profile picture of the author Kay King
      I think the OP has two choices:

      Get a LEGAL opinion now about what he wants to do

      or

      Hire a (more expensive) defense lawyer later
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      Just wait a second – so what you're telling me is that my chance of surviving all this is directly linked to the common sense of others? You’re kidding, right?
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    • Profile picture of the author pbrite
      Originally Posted by Katie Rich View Post

      I have no idea if this is legal or not, I have no law dmarke.

      What does bother me is WHAT you are combining. If you are a trained and certified pharmacist, great, if not then please do not combine anything, even health products, put them in a pill and give them to anyone.

      I take a particular medication. If I take certain health pills they invalidate my medication and could cause me serious harm. If I take some other prescription type medication that too can cause me harm.

      If it's fries, great, sell 'em. If it's any form of health pills then get some serious advice from someone who knows what they are doing, if that person is not you!
      Finally some real feedback pouring in! To answer a few points
      1) I would not sell the new final product under the original brand name. Thst is an obvious infringement.
      2) the combination of ingredients already works. No testing needed because a) the original combination of Ingredients was already suggested by the company. In fact, they encourage it. No chemical alterations, etc. Take a specif amount of each ingredient all at once for a desired effect. My difference is that I put the combination together in specific amounts and put them into a tablet/gel cap. I know it works because I've done it for three months now. HUNDREDS, if not thousands, report the same results online.
      The things where I see a market potential is that the company doesn't have a specific blend they sell of the ingredients I would put together. They also don't sell any of their ingredients in tablet or pill form individually or as a blend.
      The recent fedback I am getting here has been outstanding. If I could accomplish this on a smaller scale, and never advertised that my source of ingredients was their company's raw ingredients, I don't see where I could be accused of copyright infringement.
      However after thinking about this a little more I think I will experiment witb a lesser known brand of raw ingredients in the niche and test it out. If it works I may test at a local trsde show.
      Thanks again everyone.
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      • Profile picture of the author Katie Rich
        Originally Posted by pbrite View Post

        Finally some real feedback pouring in! To answer a few points
        1) I would not sell the new final product under the original brand name. Thst is an obvious infringement.
        2) the combination of ingredients already works. No testing needed because...

        However after thinking about this a little more I think I will experiment witb a lesser known brand of raw ingredients in the niche and test it out. If it works I may test at a local trsde show.
        Thanks again everyone.
        Now you are really scaring me!!

        Please listen. DO NOT sell anything, to anyone, ever, without checking that it is safe for EVERYONE.

        St. John's Wort is safe, it's a health pill, sold in health shops everywhere. If I take it my life saving medication is affected and it could cause me serious harm.

        If you are planning on testing this combination of whatever ingredients at a trade show with NO Chemist being involved and NO prior testing other than taking it yourself, then be prepared to be hauled in and questioned when you kill someone.
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        • Profile picture of the author JohnMcCabe
          Originally Posted by Katie Rich View Post

          Now you are really scaring me!!

          Please listen. DO NOT sell anything, to anyone, ever, without checking that it is safe for EVERYONE.

          St. John's Wort is safe, it's a health pill, sold in health shops everywhere. If I take it my life saving medication is affected and it could cause me serious harm.

          If you are planning on testing this combination of whatever ingredients at a trade show with NO Chemist being involved and NO prior testing other than taking it yourself, then be prepared to be hauled in and questioned when you kill someone.
          This is the main reason I've never done anything in the health field, even "for entertainment purposes only" info-products.

          There's a reason big pharma spends billions on testing and rigorous field trials before releasing new products. And even then, some products make it to market and the danger doesn't come to light until some combination of factors no one would be expected to test for kills people.

          If you don't believe me, come down to Florida and watch local TV for a couple of days. Seems like about half of the health-related ads are sponsored by law firms building lists for class action suits.
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          • Profile picture of the author Katie Rich
            Originally Posted by JohnMcCabe View Post

            This is the main reason I've never done anything in the health field, even "for entertainment purposes only" info-products.

            There's a reason big pharma spends billions on testing and rigorous field trials before releasing new products. And even then, some products make it to market and the danger doesn't come to light until some combination of factors no one would be expected to test for kills people.

            If you don't believe me, come down to Florida and watch local TV for a couple of days. Seems like about half of the health-related ads are sponsored by law firms building lists for class action suits.
            I would, but it's a hell of a long way for a couple of days watching TV.
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          • Profile picture of the author Kay King
            If I could accomplish this on a smaller scale, and never advertised that my source of ingredients was their company's raw ingredients, I don't see where I could be accused of copyright infringement.
            This has nothing to do with copyright - nothing at all. That you don't know that should be a red flag to YOU that maybe you don't know what you are doing.

            I don't think you have a clue just how much trouble you can cause yourself doing things like this without getting proper permissions, testing and legal advice.
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          • Profile picture of the author BradVert2013
            Originally Posted by Walter Cyclid View Post

            This is completely false. Big pharma does not spend billions testing a new product before releasing it, and I remember seeing one other forum member correcting JohnMcCabe on this, and me agreeing with that reply, and those replies are suddenly gone. Am I missing something here???
            What's your source on this (other than a different forum post)?
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          • Profile picture of the author JohnMcCabe
            Originally Posted by Walter Cyclid View Post

            This is completely false. Big pharma does not spend billions testing a new product before releasing it, and I remember seeing one other forum member correcting JohnMcCabe on this, and me agreeing with that reply, and those replies are suddenly gone. Am I missing something here???
            Here's a quote from a report by the Congressional Budget Office:

            In 1980, U.S. companies spent a total of $5.5 billion (in 2005 dollars) on research and development of pharmaceuticals and medicines, according to the National Science Foundation (NSF). By 2003, that figure had grown to more than $17 billion -- and average increase of 5 percent per year in real terms...The pharmaceutical industry's trade association, Pharmaceutical Research and Manufacturers of America (PhRMA), reported even larger expenditures and faster growth. Spending by its member organizations rose more than sixfold between 1980 and 2004, from about $6 billion (in 2005 dollars) to $39 billion.1 Those figures represent a real growth rate of about 8 percent a year, on average. By comparison, drug firms' gross margins --sales revenue minus costs and income taxes--have been increasing more slowly, by about 4 percent annually.2
            You can read the referenced footnotes on the first page of Chapter Two in the pdf.

            Source:

            http://www.cbo.gov/sites/default/fil...02-drugr-d.pdf

            Edit: Here are the missing footnotes:

            1. For comparison with NSF’s numbers, total R&D spending by
            PhRMA members in 2003 was $37.6 billion in 2005 dollars
            (including $29.6 billion for domestic R&D by U.S. firms).
            PhRMA estimates that total R&D spending by the drug industry,
            including nonmember firms, was $49 billion in 2004, the first
            year the association estimated that total. Overall R&D spending
            by PhRMA members has grown even though the number of
            members has fallen by more than half since the early 1990s (to 34
            organizations in 2004). Mergers account for some of that decline.

            2. F.M. Scherer, “The Link Between Gross Profitability and Pharmaceutical
            R&D Spending,” Health Affairs, vol. 20, no. 5 (September/
            October 2001), pp. 216-220.
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  • Profile picture of the author Tsnyder
    The frirst thing I'd do is call the company who makes the product
    and talk to someone in their R&D department. I'd ask them why they
    recommend combining the two ingredients but don't do it themselves.
    I'd tell them I'm an interested consumer but don't want to do something
    that may be harmful.

    I think I'd have about a 90% chance of finding out why they don't do it.

    It could be a products liability issue... it could be a legal issue... it could be
    a process issue... who knows? They do!

    While you're at it you might also ask them if they'd be willing to sell you
    their product in bulk for use in your proposed product. I'm also betting there's
    a good chance they'd be willing to do that and your legal worries would be over.

    The thought that you might actually toss some ingredients together
    without first researching the possible medical ramifications of your actions
    should scare the hell out of you.

    At some point your question about repurposing and repackaging needs to be
    answered but it's a ways down the list.

    Stop debating and explaining it here and be smart... see a lawyer.
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    If you knew what I know you'd be doing what I do...
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  • Profile picture of the author evilclown
    Only if people use their brains to come up with good ideas, but it seems all they can come up with is how to feed from the success of others.
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  • Profile picture of the author bangwhosnext
    I hope your not thinking of doing this from your garage or home?

    Anything that is deemed fit for human consumption, must be produced in a sterile environment and have the premises regularly checked by a health inspector.

    I wouldn't be as concerned about copyright infringement or repackaging someone's product and selling it as your own, I would be more worried about the health risks to your customers.
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  • Profile picture of the author BradVert2013
    Drug companies spend a fortune in R&D and safety testing new drugs - even then, drugs that make it to phase 3 clinical trials are still likely to be rejected by the FDA.

    How the FDA Stifles New Cures, Part I: The Rising Cost of Clinical Trials - Forbes

    Simply put: new drugs ain't cheap to create.
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    • Profile picture of the author Katie Rich
      Originally Posted by BradVert2013 View Post

      Drug companies spend a fortune in R&D and safety testing new drugs - even then, drugs that make it to phase 3 clinical trials are still likely to be rejected by the FDA.

      How the FDA Stifles New Cures, Part I: The Rising Cost of Clinical Trials - Forbes

      Simply put: new drugs ain't cheap to create.
      I get the feeling that the Op isn't wanting to create new drugs that are tested and proven, just wants to bang together some ingredients, put them in a gel capsule and sell them.

      No testing or pharmacist involved, just take 'em and hope ..
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      • Profile picture of the author JohnMcCabe
        Originally Posted by Katie Rich View Post

        I get the feeling that the Op isn't wanting to create new drugs that are tested and proven, just wants to bang together some ingredients, put them in a gel capsule and sell them.

        No testing or pharmacist involved, just take 'em and hope ..
        Unfortunately, at least in the USA. the same rigor and scrutiny isn't applied to "nutritional supplements". Label your quack nostrum as a supplement, avoid making specific claims about cures, and people like the OP can likely get away with selling their stuff until they kill somebody.

        Then it's either a catastrophic lawsuit or "three hots and a cot"...
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      • Profile picture of the author ErinWalsh
        From my standpoint as someone who knows herbalists, this is no different from what they do. Stevia and honey in his recipe in a capsule? The honey will keep is from being over run with bacteria, and the combination is frequently used without ill effects.

        I would suggest trying to get in with a supplier so you can buy in bulk and it will be understood you are buying the ingredients to sell.

        Though I will point out that when herbalists buy herbs they're usually not processed in a specific manner that is telling to each company they get their herbs from. Herbalists usually shop around for their herbs because not all companies carry all the herbs the herbalist wants to use. I would try your recipe with a non-specific brand and test it out. If you get similar results with it problem solved.
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  • Profile picture of the author jessicah
    I'm pretty sure that's illegal, no matter in what formula you put them, they are still their products.
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    • Profile picture of the author onSubie
      Originally Posted by jessicah View Post

      I'm pretty sure that's illegal, no matter in what formula you put them, they are still their products.
      Well a hamburger is a product and McDonald's and Wendy's don't seem to have any legal problem selling a version of each others products.

      A multivitamin is also a product and many different companies sell multivitamins with the same basic ingredients.

      A similar product is not the same product unless the main ingredient is patented like a pharmaceutical like Viagara. You can't patent a recipe of non-patented ingredients like a multivitamin.
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      • Profile picture of the author Katie Rich
        Originally Posted by onSubie View Post

        Well a hamburger is a product and McDonald's and Wendy's don't seem to have any legal problem selling a version of each others products.

        A multivitamin is also a product and many different companies sell multivitamins with the same basic ingredients.

        A similar product is not the same product unless the main ingredient is patented like a pharmaceutical like Viagara. You can't patent a recipe of non-patented ingredients like a multivitamin.
        Companies being the operative word. Not someone who just takes two of a particular companies products, combines them as one with NO testing, NO education and NO clue as to what they are doing, and sells them in a capsule.

        The products still belong to the company that makes them, this person is not looking for something similar. I don't know whereabouts he/she lives, but I will be avoiding ALL gel capsule 'health' products from now on!
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  • Profile picture of the author Floyd Fisher
    Originally Posted by pbrite View Post

    Let's say a company is known for selling 7 types of magic potions that are not readily identifiable from other competing magic potions, other than by their effectiveness and bottle label. There are several companies that sell the same potions but none are as popular nor report results as well as this company does.

    It is suggested that combining certain potions will create specific outcomes, but the company never sells those combinations. They only sell the separate bottles.

    If I were to come up with a combination that has proven to have a specific outcome, re-purpose it into tablet form or gel cap, and then sell them separately under a private label, is that copyright infringement?
    Yes, if it was I think it is.
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