[matthewowen]

That is one circumstance covered but not the only one.

I'm not under a mistaken understanding. I'm explicitly saying that you might not have to misrepresent the food itself: if you insert yourself as an intermediary but claim to be the underlying provider, there's potential for confusion and damage to the goodwill of the underlying provider, and that is what passing off fundamentally protects against.

I don't know if it would fly, but you asked and that's a place a case might be found.

The broader point here: it's one thing to advertise selling someone else's product. It's another to _pretend to be them_.