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Hmm. Setting aside trademark law, that sounds like a legitimate concern from a consumer standpoint. This "Crumbl Cookie" company presumably wouldn't intentionally sell five-day-old baked goods under their brand, and as a consumer, I'd distinguish between fresh cookies and five-day-old cookies, even if five-day-old cookies are perfectly edible. Maybe there's an argument for making it normal to also rate the maximum age of a given baked good -- I don't know if that's mandated in the US, but bakeries I've seen normally distinguish between bagels and day-old bagels, for example.
But setting legalities aside...I wonder how practical it would be to do something like this and get better output than these guys flying the things did?
Most of the time, it probably makes sense to just bake whatever the thing is domestically. But it sounds like the issue here is that the demand is small in scale, not enough to support a domestic bakery:
So for Australia -- and, hell, anyone to some degree -- it might make sense to just try to do a better job of being able to ship stuff and keep it as fresh as possible.
https://www.quora.com/What-chemical-reaction-causes-food-to-go-stale
I mean, there are ways that you can counter that. They will add cost to the item. But they're doable.
Like, you can make something not rot by irradiating it sufficiently and then sealing the food in a sterile environment.
Storing them in a low-oxygen environment, like under carbon dioxide, can cut into oxidation (though I'm not sure that that'd help much for cookies if they use yeast to rise, since the yeast would require oxygen, though maybe they're okay if you use baking soda to make them rise).
You could control humidity in the transport container.
https://discover.texasrealfood.com/food-shelf-life/oreos
Oreos are designed to have a pretty impressive shelf life, as long as you don't open the package. They're very dry. The problem with these "Crumbl Cookie" things is trying to use a cookie that isn't designed to have a shelf life but to get more of one. So you can't alter the cookie, can't add preservatives or something.
But some of the processes I listed above don't require modifying the original cookie.
Ghost kitchens can be rented for not very much in terms of expense. using a ghost kitchen rental, you can bake them the night before and sell them in the morning. Some of the spaces I'm looking at, it's about 150/month (USD) for a furnished kitchen. you can then drive them out that morning to outlets (Grocery stores, gas stations, farmers markets?).
alternatively, its about 2k for a low end comercial convection oven, about 6k for a conveyer/impinger oven (which would offer higher through-put on the cookies and bake-on-demand.) a comercial mixer goes for abotu 1k, and then there's the truck... which not gonna guess at.
the airfare, if that's what they were doing is 150 for the cheapest ticket, which would stack up. from what I can tell, general shipping starts at around that much as well. Meaning that it would stack up quickly. So for a one time thing where you were scalping somebody else's product? sure, it might make some sense. but you're going to lose business fast since nobody is going to willingly pay 20 bucks for stale cookies, especially if they taste like the inside of someone's luggage. (Though, I suspect they were shipped as airfreight, which is why it took 5 days to get out there. Not sure which would be worse. Tasting like someone's luggage, or tasting like an amazon box.)
Personally, if I'm spending that much on a cookie, it had better be made fresh and come warm and gooey. Just saying.