I have an unusual question

[Trappeur]

I sell wholesale and most all of my accounts are private label.

Here is what happened.  I just got another account of which they were going to supply their own label and even attach them to the jars...No problem.  I deducted the price of a label that is usually supplied by me and attached to the jar by me also.  I asked them to send me a picture of their label they had designed as I was curious.....No problem....

The label looks fine except instead of them putting the ounces of what the actual weight of the wax is in the jar, (which I told them what the weight is)  they put 16oz (which is the jar size) and put that on the label....Well I guess that is no biggy right?   Don't know.  Now what they also put which I don't know how to take it,  is they put 

Hand poured by  and then (THE NAME OF THEIR COMPANY)...I didn't put here for all to see the name of the company just to respect their privacy and the candle company is not launched yet.  They ordered a huge huge amount of candles that I'm almost finished with.

 

My question is what do you think of what they did by saying they pour all the candles?

My personal feeling is they should have asked me about that before they went and had their labels printed like that.

 

I guess there really is no difference and I guess it doesn't matter what they put on the label as it is their candle, am I correct?   I private label all my candles so no ever sees my business name "Trappeurs Lodge" on the wholesale accounts I have and  there really is no difference, correct?  I'm not really mad at all....I just thought they took a lot for granted and should have had the respect to ask me first correct?  Or no?

 

Trappeur

[Candybee]

Wow! That is a lot of nerve. The label should read "hand poured for our shop name" or simply "hand poured". I hope you are still doing your warning label with your name on it. I would put on my warning label under the warning a statement like "handpoured for shop name by your biz name". If they complain about that let them know if they take credit for manufacturing your candles they also take the legal responsibility in case their is a problem. That should put them straight.

 

But honestly I think you should bring the matter up with them because they are taking on legal ramifications by claiming they made the candle. It would be the responsible thing to do IMO.

[Sebleo]

I can understand your reservations. I have been thinking a lot about private labeling but have not made it to the stage to do thorough researching. 

 

But, I have seen on labels in the stores...on the back or inside in small print... made for X by Y.

 

My question is...is it the manufacturer requiring the recognition on the package? Or is it a liability issue for the reseller?  If they were ever sued for a bad candle...they said they poured it. 

 

I know I'm really no help, but it resonates with things I have been pondering. 

 

[moonshine]

7 minutes ago, Candybee said:

Wow! That is a lot of nerve. The label should read "hand poured for our shop name" or simply "hand poured". I hope you are still doing your warning label with your name on it. I would put on my warning label under the warning a statement like "handpoured for shop name by your biz name". If they complain about that let them know if they take credit for manufacturing your candles they also take the legal responsibility in case their is a problem. That should put them straight.

 

But honestly I think you should bring the matter up with them because they are taking on legal ramifications by claiming they made the candle. It would be the responsible thing to do IMO.

This is exactly what I was thinking 

most private labeled candles I have ever seen have the manufacturers name listed and contact info somewhere on the jar 

I would insist they redo their labels 

[Trappeur]

1 hour ago, Candybee said:

Wow! That is a lot of nerve. The label should read "hand poured for our shop name" or simply "hand poured". I hope you are still doing your warning label with your name on it. I would put on my warning label under the warning a statement like "handpoured for shop name by your biz name". If they complain about that let them know if they take credit for manufacturing your candles they also take the legal responsibility in case their is a problem. That should put them straight.

 

But honestly I think you should bring the matter up with them because they are taking on legal ramifications by claiming they made the candle. It would be the responsible thing to do IMO.

Absolutely everything you just said Candybee I had been thinking about that "exactly in my mind".....  Yes my warning label has my name on it....Should I change it to what you said?  Hand poured for (them)?

 

Trappeur

[GoldieMN]

I think by law they have to have the correct wax weight, not jar weight.  I guess the false advertising would fall on them if caught.  Keep correspondence with them regarding the weight discussion so it doesn't come back on you.

GoldieMN

[TallTayl]

I had the very same issue for a while. And then I put it into perspective. Many of my wholesale accounts buy the naked product and they label themselves, and they advertise as their own in person and on social media.

 

When I was in the software world when we hired a consultant to do the work it was still claimed as “ours”, the company that paid for it.

 

Once I let go of all of those feelings I started to make more money.

 

 

[Crafty1_AJ]

That is false representation of both the weight and who made it.  If someone asks them questions about ingredients, they won't even know since they did not make them.  Not a lawyer, but my understanding is that your contact info has to be on file with the seller, but not necessarily on the label.

 

That being said, if they are buying from you by agreement without labels, and they are labeling falsely, they should be held responsible in case there is a challenge by one of their customers.  You can't control how they handle the candles once they are sold to them. That would be on their heads.

Edited April 2, 2018 by Crafty1_AJ

[Candybee]

They don't simply claim its theirs they say they handpoured the candle which implies they made it. Both the weight and manufacturer claims are false as AJ posted which also makes them legal statements that could have an impact in a courtroom.

 

I've done private label myself and don't have an issue with them claiming its their product and/or using their name on it. But I never had any wholesale accounts claim they are the manufacturer.

 

AJ I was also taught that the manufacturers name should be somewhere on a label. So I use the warning label to put my company name on it and either my website, phone, or town/state info as I was also told that not only does the manufacturers name need to be present but some form of address also needs to be there; eg.; ABC Company, Akron, OH.

 

 

[Trappeur]

1 hour ago, Sebleo said:

I can understand your reservations. I have been thinking a lot about private labeling but have not made it to the stage to do thorough researching. 

 

But, I have seen on labels in the stores...on the back or inside in small print... made for X by Y.

 

My question is...is it the manufacturer requiring the recognition on the package? Or is it a liability issue for the reseller?  If they were ever sued for a bad candle...they said they poured it. 

 

I know I'm really no help, but it resonates with things I have been pondering. 

 

No, you are so right Sebleo......I would think it would fall back on them and not me since they have right on the front of the label "Poured by XYZ"

 

Trappeur

 

 

[Sunday]

I suspect if you contact them and explain the reasoning behind your concerns they will understand . I would not think that they are trying to be deceitful with the weight ...but rather  just ignorant of Regulations. I also think they should not be saying poured by company X ....but poured for Company X...I think its a simple correction....Good LUCK Traps...and let us know how it turns out

I've seen your candles..I might be tempted to put my name on them too

[Barefootgirl]

I wouldn’t want my name even on the warning label if it was me in this situation. Imo as a consumer you’d lose my “trust” as a candle maker. Or if not that I’d be so confused why there are two names on the candle as one is the actual maker. My other thoughts are false marketing then they might do which could reflect on you perhaps. The right weight should be on the jar. Maybe they aren’t aware of how the labels should be but if so they are a tad shady. 

[birdcharm]

I recently saw a candle by a local candle company and it had the wrong weight on it too -- it was the size of the jar.  Amazing. 

 

You know, from a selling standpoint, I would let them do their thing since they are already doing it this first time around, but I would mention the weight topic somewhere along the line so they fix it on their next label.  As for their name on the candle, I think they feel that you are their candle maker and they are putting their name on it.  In some ways, that's quite a compliment, as they have obviously burned your candles and trust that you know what you're doing.  Then, also, before they print any more labels, you might discuss that if it still concerns you.

 

 

[Candybee]

Here is a copy of the U.S. Federal Laws re candle labeling. Hope this will clear up some confusion. You must include manufacturer's name & addy, and net weight of candle: http://candles.org/membersonly/downloads/Candle Labeling Laws & Stds-OLD.pdf

[kandlekrazy]

The weight is an issue no doubt.  As far as the other, I think most companies that buy wholesale do this across the board, not just candles.  With them stating they poured the liability falls on them so you're out of the picture.  I'd personally remove my info from the caution label as well.

[Trappeur]

 

 

Thankyou all for helping me.....I knew I could depend and get the help from the great ones here!

 

I'm glad you posted the regulations Candybee.....that helps so much.....

 

KK - that's exactly what I'm doing...I'm taking my info off the caution label.

 

Trappeur

[Candybee]

Here is text from the FDLA (Fair Packaging and Labeling Act)  https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-packaging-labeling-act

 

Looks like the the name and place of business of the manufacturer, packer, or distributor must appear somewhere on the product but not necessarily on the main label that draws the customers attention or focus. In the case of candles, that is your scent name label on the side or top of the jar. That label needs to have the product type (candle, scented candle, etc.) and net weight information listed by law. The warning label for candles is the perfect place for the manufacturer info. You must list the manufacturer, packer, or distributor's name along with a form of address. The 'form' of address depends on the location and there are details on this written into the act.

Edited April 9, 2018 by Candybee

[kfintoni]

I am late to the conversation but wanted to add my two scents. All my wholesale candles be it private label or not have my warning label on the bottom that includes my business name. I did have one account once ask me if I could leave that off and I said no that for insurance reasons I had to have it on the candle. I found out later that she whites out my name on the warning label on the bottom of the candle. 

 

Karen in MA

[Sebleo]

1 hour ago, kfintoni said:

I am late to the conversation but wanted to add my two scents. All my wholesale candles be it private label or not have my warning label on the bottom that includes my business name. I did have one account once ask me if I could leave that off and I said no that for insurance reasons I had to have it on the candle. I found out later that she whites out my name on the warning label on the bottom of the candle. 

 

Karen in MA

 

Did you do or say anything about it? Or just let it go? I would think that would be on her anyway if there was backlash because you did have the required information. 

[TallTayl]

 Truth is we have no control over our product once it leaves our hands. What they do with it is up to them. No sense wasting energy worrying about what they do If we are following the rules.

[JoeyG]

Trappeur, I believe you are correct in feeling like they should have asked before they made the assumption that you would be okay with everything they did. We are FBA Amazon sellers, and we sometimes private label products. We ALWAYS ask permission from the manufacturer, and have them provide us with their requirements for allowing us to slap our name on the item. Generally there is no issue, because the manufacturer simply wants to sell more of their product.

 

In your case, it seems like the buyer is trying to remove any trace of your existence. And from what Candybee posted, it would appear that they can merely state that they are the *Distributor*, and that's why their name and info is on the candle. If they are going to be regular customers you may want to discuss your concerns with them. And it sounds like they are new, so they may not know the proper way to re-brand. And if that's the case, you would actually be helping them by pointing out the things they are doing that are a little sketchy.

[Trappeur]

Thankyou Joey....I did do that in fact.....thanks!

 

Trappeur