No, in making your own sauce for public sale, you cannot use a product owned by another without permission. The owner of that product not only has rights in the sauce itself but in the branding associated with it. As such, using it may violate multiple rights that the owner has in the product. With respect to the FDA, their role in marketing of your proposed product is primarily a regulatory one, whereby they regulate the actual manufacture of the product in order to ensure a safe product for the consuming public. In other words, the FDA does not handle the legal aspects associated with trade secrets, trademarks, etc.
Answered on Jan 08th, 2014 at 12:33 PM