I work in a pretty shady organic food place in NYC that sells this "Homemade Organic Lemonade" (also Ice Tea and Apple Cider, all with a similar situation) that is actually this 99 cent lemonade from the bodega down the street. When one looks at the bottle I put it in, there is no indication that it isn't actually homemade. I'm quite desperate for work, and worry that I'm probably committing a crime.
The question might best be answered by Criminal or Business Counsel. There may be municipal, Health District, FDA and IP requirements. Taking the product of another and repackaging without acknowledging the actual source may be a violation of Trademark law. See specific attorneys for advice.
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Dear New York Packer:
You may be aiding in the commission of a crime. The NYC Department of Consumer Affairs may close the business if aware of the product deception.
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You are potentially committing crimes in several different areas. First, you may be committing fraud by selling someone else's product as your own. Second you are likely violating all kinds of health codes. Third, without a lot more information it would be impossible to determine if there is any intellectual property violations going on. Speak to an attorney to see if you are responsible for the actions of your boss. If you cannot afford to hire an attorney, check with legal aid.
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