Can a company that put its brand on a product be sued as the manufacturer in Georgia?

· 3 min read

Generally no. In Georgia, a company that merely puts its own name or brand on a product built by someone else is treated as a product seller, not the manufacturer, and is not subject to strict liability for that reason alone. The older idea that a brand owner could be held liable as an “apparent” maker has been displaced by statute.

Why branding alone does not make a manufacturer

Georgia’s strict product liability statute, O.C.G.A. § 51-1-11, reaches the manufacturer of a product. A separate provision, O.C.G.A. § 51-1-11.1, defines a “product seller” and confirms that a seller is not a manufacturer and is not liable as one in a strict liability claim. Affixing a label and distributing under a private brand falls within the product-seller definition.

Before 1987, some Georgia decisions held a company that put its name on another firm’s goods liable as an “ostensible” or “apparent” manufacturer. The 1987 enactment of § 51-1-11.1 ended that category. Courts have since confirmed that a business which only labels a product and sells it under its name is a product seller, not a manufacturer, and cannot be held strictly liable on a branding theory.

When a brand owner can still be the manufacturer

The label on the box is not the deciding factor; the company’s actual role is. A brand owner may still be a true manufacturer when it does more than slap on a name, such as:

  • Designing the product or dictating its specifications, formula, or assembly.
  • Holding an active part in production rather than simply ordering finished goods.
  • Building or assembling the item, or having it built strictly to its own plans.

In those situations the company is reached under O.C.G.A. § 51-1-11 because it genuinely made the product, not because of branding.

Other paths to liability for a seller

Even when a branding company is only a product seller, the strict liability bar does not give it blanket immunity. Section 51-1-11.1 limits strict liability, not every theory. A seller can still be answerable for its own negligence, such as failing to warn about a known danger, or for breach of an express or implied warranty. An injured person may also pursue the actual manufacturer, though that route can be harder when the maker is overseas, insolvent, or otherwise out of reach.

The bottom line

A company is not turned into a manufacturer in Georgia just by branding a product someone else made. Under O.C.G.A. § 51-1-11.1, that company is usually a product seller shielded from strict liability, and the “apparent manufacturer” theory no longer applies. It can be sued as the manufacturer only if its real role in designing or producing the item places it within O.C.G.A. § 51-1-11, and it may face separate claims for negligence or breach of warranty regardless.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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