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Management Tip of the Week Blog

Tip: Consider the Legal Risks Associated with Private Label

March 7, 2011 Comment (1)
Distributors may hold the ultimate responsibility for liability & other legal claims.
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The Management Tip of the Week blog will present one tip each week based on content in the MDM Archives. Sign up for the RSS Feed for this blog here.

As the trend of private label among distributors continues to grow, it's important to recognize the legal risks associated with this strategy. According to the National Association of Wholesaler-Distributors, if products are sourced from overseas, as many are, distributors may end up carrying the ultimate blame or responsibility in a number of situations, including product liability claims, intellectual property infringement, and product recalls. Read more about these risks.

Have no plans to get into private label? This article looks at why private label is not going away, and why distributors and manufacturers should devise strategies to respond. After all, if a customer can substitute a private label for a manufacturer brand, he probably will unless there is a compelling value proposition offered by the manufacturer brand and the distributor that sells it.

Ways you can effectively fight or promote a private label: change your mindset; partner effectively with others in the channel; innovate; fight selectively; price competitively where you can; improve quality; and market creatively.

Read this related article to learn more: Private Label – A Balancing Act

Other related articles from MDM Premium on private label:

Mitigating the Risks of Private Label

The Changing Face of Product Liability

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  • Private labeling is a continuing opportunity, and threat, to distributors as well as manufacturers. A couple of years ago we conducted an extensive study on private labeling for the electrical industry and wrote a chapted in the 2009 Outlook for NAW on this issue. We included legal concerns, marketing concerns and end-user issues. Surveys were conducted with end-users, distributors, reps and manufacturers.

    To learn more, go to www.electricaltrends.com and under the Research section you'll find information in a report entitled "State of Private Labeling".

    For larger distributors, private labeling is a viable option for some of their product offering, especially in light of the fact that many manufacturers are sourcing materials from other companies and solely rebranding it ... in essence being master distributors or aggregators
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