Food & Beverage

The food and beverage industry is a complex and dynamic sector that requires careful legal counsel to succeed in the market. We represent a range of clients, from national restaurant franchisees and franchisors, to manufacturers, suppliers, and distributors in the food and beverage space, as well as dietary supplement and animal food companies. 

Our firm’s interdisciplinary capabilities allow us to service client needs in all areas of the law. When it comes to regulatory issues, a network of regulators often has oversight over a single product. We work with the U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC), the U.S. Department of Agriculture (USDA), other federal regulators, and state equivalents to ensure compliance across the board.

We serve as trusted outside general counsel to many food and beverage industry clients, providing comprehensive day-to-day strategic legal support on a range of matters including employment issues; commercial and strategic transactions; equity, debt and project financings; contracts and general corporate advice; corporate governance; member/shareholder relations; food and beverage safety issues; and more.

Restaurant clients turn to us to handle their franchising matters, offering advice and counseling, and litigation services when disputes arise. Our experience includes drafting and updating franchise disclosure documents and agreements and advising on state and federal regulations. We also defend franchisors facing vicarious liability lawsuits and other franchise-related disputes. 

We also represent investment firms and private equity firms that focus on the food and beverage industry. For emerging and growth stage companies, we work closely with you to provide legal advice and guidance on corporate and financing matters including venture capital and mergers and acquisitions.

Our experienced team of litigators is well-equipped to handle complex legal disputes on behalf of food and beverage companies. From pre-suit through verdict or settlement, our litigators defend food and beverage companies in class actions, mass torts, MDLs, high-stakes products liability litigation, and antitrust lawsuits.

Food and beverage companies face many challenges, from adapting to shifting consumer preferences to managing workforce concerns, from mitigating supply chain disruptions to addressing novel and complex regulatory matters, and from defending products liability lawsuits to navigating the ongoing daily legal demands faced by organizations. We are committed to guiding clients through these obstacles and provide practical solutions tailored to each client’s unique objectives and circumstances. 

Our clients span the food and beverage industry 

• National restaurants franchisees and franchisors 
• Food service companies
• Food manufacturers, suppliers and distributors
• Food packaging and equipment manufacturers
• Dietary supplement companies
• Independent beverage producers 
• Animal and pet food (including supplements) manufacturers
• Multinational pharmaceutical and medical device companies with dietary supplement portfolios
• Investment and private equity firms

Counsel for clients across a broad range of matters 

• Intellectual property matters including patents and trademarks
• Corporate transactional work including employment matters, mergers and acquisitions, capital raising, commercial contracts and leasing
• FDA, FTC, and USDA regulatory compliance
• Defending class actions, mass torts, and multidistrict litigation 
• Product liability cases
• Antitrust litigation
• Environmental issues and permitting 
• Food and beverage safety issues
• Antitrust regulation related to agriculture practices
• Import and export work 
• False advertising litigation 
• General corporate advice

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Successfully obtained dismissal of a California class action complaint seeking to pursue nationwide claims against our client, the supplier and distributor of various trail mix products. The Plaintiff’s claims were brought under the California Legal Remedies Act, California False Advertising Law, and the California Unfair Competition Law and were centered on the products’ “Heart Healthy” labeling.
• Serve as outside general counsel to peanut shelling company handling commercial contracts, employment matters, corporate governance, operational issues, and strategic transactions.
• Represent a mature energy bar company on investment and capitalization transactions. 
• Represent a distributor of sparkling wine as outside general counsel handling company formation, management restructuring, and driving business growth.
• Represent food manufacturer as borrower under asset-based credit facilities (term loan and revolver) and in project finance transactions.
• Represent large franchisee networks in the fast food space in corporate transactional work, capital raising, buying, selling, financing employment issues, and leasing. 
• Represent independent beverage producers in intellectual property matters, trademarks, and labeling. 
• Represent client in FDA appeal challenging federal jurisdiction and requirement to register establishment with FDA as a food facility.
• Respond to joint-FDA/FTC Warning Letter and conducted internal company trainings regarding FDA and FTC labeling and claims substantiation requirements.
• Review conventional food and dietary supplement labeling for compliance with FDA and FTC requirements.
• Advise client on the suitability of a specific process for producing post-consumer recycled (PCR) plastic to be used in the manufacturing of food-contact articles.
• Counsel national restaurant franchise on FDA’s requirements concerning nutrition labeling of standard menu items.
• Represent independent water brand in corporate transactions.
• Represent multiple manufacturers in both merger and acquisition, intellectual property, employment, litigation and general corporate matters.
• Represent client in food safety issues, antitrust regulation, trade and export regulations. 
• Represent food manufacturers and farmers who process their own crops in OSHA proceedings.
• Defend copyrights and trademarks related to names and processes related to manufacturing of products.