Approximately nobody thinks that grubhub shouldn't be able to resell the food. However they should be very clear that this is what they are doing, and that iss

Approximately nobody thinks that grubhub shouldn't be able to resell the food. However they should be very clear that this is what they are doing, and that issues with the food are now their responsibility. We wouldn't be having this conversation if GH/Uber/etc. were clearly advertising "Call us at xxx-xxx-xxxx, we'll order takeout for you and deliver it". If they pick up the phone when you call and say "This is grubhub, how can we help you?" we'd be in different territory. As soon as you make it ambiguous about who you are ordering from, this is an issue of misrepresentation. Even if it does apply, first sale doctrine is a red herring.