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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My little girl came home Monday from school with a

Customer Question

My name is ***** *****. My little girl came home Monday from school with a fundraising packet from a Company called Pacific Fund Raisers that is trying to sell food items for whatever fundraising thing they have going on. Some of the food items in the packet list a manufacturer such as Morley Candy Makers, Jon Domaire Deserts & Pop's Kettle Corn. They also have food items that do NOT list a manufacturer. In a effort to find out who made the items & what they may be made with I contacted Pacific Fund Raisers to get this information. I had to call twice & a manager, I'm assuming, got on the line & informed that the manufacturers of the food items were confidential & she wold not provide with any of the information that I was trying to obtain. Is this legal? After all, they are trying to sell us things that go in our bodies. I believe that we, the consumer, have a right to know this information. Thank you.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: I am now confused, should I have typed that information somewhere else on this site?
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: No. This just took place yesterday.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

On this website, I do not always get to give good news, and this is one of these times.

Yes, this is legal. Fundraiser or not, a manufacturer does not have to provide their trade secrets any more than what is provided on the label of the product (which is mandated by federal law).

What happened is that the school club/organization contacted this company to run a fundraising campaign. The company obliged. The candy that they sent had the manufacturers package and label their food per federal guidelines and sent it to the school; they do not have to disclose anything else.

The school may have erred to get some questionable products or to use a questionable company. However, the manufacturer does not have to disclose anything else besides what is on the label. This would be no different than me calling X BRAND CEREAL and asking what their ingredients were. The manufacturer would tell me the same thing they told you - "we don't have to tell you."

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 10 months ago.
I do not only wish to know what is in the product but I want to know who made it. How do I know that Joe Schmuckateli did not make it in his garage & then box it up for distribution?? What if he made in his garage on the same bench he uses to fix his toilet?
Customer: replied 10 months ago.
Forget it. I though that consumers had the right to know this information.
Expert:  Ely replied 10 months ago.

Well assuming that it was made in USA, the manufacturer should follow the standards set by federal and state law. If they do not, then if someone gets sick they can sue the manufacturer.

But just like you would not be calling about milk and asking "prove to me this came from a cow that isn't sick," there is no way to ensure that the manufacturer is 100% on the "up and up." You essentially trust the USDA and other federal agencies and state agencies, and if you still get sick, you can sue.

Thanks again for not shooting the messenger in advance - remember I don't make the rules!

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!