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Or food products that contain a label "Not for resale"... I know a lot of Costco products have this because they sell large quantities, but how is that actually enforced?


There are labelling requirement for sale of food. A product you buy in a multipack at Costco marked, usually, “not labelled for individual sale” just means that the manufacturer has not provided the mandated labeling on the individual packages, so that commercial resale of those individual packages as-is would violate the law.


Isn't it just the lack of a UPC/barcode?


I think it is more of an issue with individually sold items must have ingredients and nutritional info.


Right. From what I remember the language on most foods says "This item is not labeled for individual sale," or words to that effect.


I imagine one can print out a label with required info and stick it on similar to imported food.


I believe you're correct


I would imagine that's different because you have to be a member to buy it. Presumably if they find out that you are selling individual items from a larger set they'll revoke your membership.


It happens in non-member based stores as well, e.g. Kroger has labels on formula asking anyone that sees it for sell elsewhere to call a number. I assume they just do the legal bullying thing as those reselling often probably can't afford the fight.


That is to prevent shoplifting and subsequent resale not really the same thing.


Quite strange it appears on this large item and not on hardly any other item in the store, especially those that are easier to shoplift. I believe it is to prevent those using government baby formula subsidies from reselling.

Edit: after reading online, I think you are probably right but it seems like a dumb deterrent and inconsistently applied.


It has nothing to do with shoplifting. The seller and manufacturer don't care whether you resell the items, but the Government does. In the U.S., the FDA requires that all packaged food products sold at retail contain a Nutrition Facts label. Multi-packs often don't have Nutrition Facts printed on each component wrapper, and so cannot legally be sold under law. In fact, they are required to have "This unit not labeled for retail sale" printed in such cases.

[1] https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocument...


Baby formula and Tide detergent are the top targets for shoplifters. It isn't uncommon to see formula in locked cases in areas where it is a problem.


Kroger has no legal right to keep you from selling something.

They can ask if they want, but they have no legal leg to stand on.


Yup, completely agree. The "legal bullying" I was referring to was the threat of legal action which is enough to scare most.




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