Wendel Rosen represent clients in the food and beverage, alcohol beverages, restaurant and hospitality industries. Our food and beverage clients include multinational corporations, foreign companies selling to the U.S. market, closely-held businesses and high growth, venture capital backed businesses. Our restaurant and café clients range from single location businesses to nationwide chains. We draw upon our years of industry experience to solve legal issues in every facet of our clients’ businesses, whether they be corporate transactions, regulatory counseling, or litigation and dispute resolution. Combining deep experience, broad insight, and close relationships, Wendel Rosen offers food and beverage clients comprehensive guidance for long-term success.
Regardless of their industry focus, clients turn to us for corporate guidance due to our deep experience with entity formation, intellectual property, human resource management, corporate governance, raising capital, and liquidity events. We also assist with specialized industry agreements, including agreements for contract manufacturing, supply, processing, warehousing, brokerage, and distribution.
We provide guidance on regulations and statutes pertaining to food and beverage quality and safety, labeling, and advertising. We are well versed in federal laws (e.g., the Food, Drug and Cosmetic Act, the Food Safety Modernization Act, the National Organic Program, the Pure Food and Drug Act, and the Public Health Security and Bioterrorism Preparedness and Response Act) and state laws governing food and beverages and alcoholic beverages. Our experience with the FDA, USDA, EPA, and the FTC and their state agency counterparts helps us guide clients to success.
We know that our clients’ success depends on their ability to mitigate risk and resolve disputes before they turn into bigger challenges. We offer litigation support for business disputes and class action litigation. Our skilled litigators partner with our clients to defend them from employment, Prop 65, labeling, advertising, intellectual property, product liability, and contractual claims. We singularly focus on efficiently resolving litigation and minimizing its effect on our clients’ businesses.
Represented leading craft brewery as plaintiff in trademark infringement action in federal district court; obtained consent permanent injunction and fees in action to enforce injunction.
Represented the manufacturer of natural organic fruit snacks in its acquisition by a leading national natural foods company
Represented the owners of a Napa County vineyard in negotiating a settlement of a Cleanup and Abatement Order in which the agency initially sought penalties and site restoration that could have cost the client several million dollars. The final resolution required only an off-site mitigation program, which cost the owners $15,000.
Represented national food manufacturing company in office and industrial lease transactions across the country, as well as in the sale of industrial, warehouse and manufacturing facilities. Some purchasers continue to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.
Defended CEQA and legal challenge brought by a citizen group related to Napa County’s approval of 360-acre vineyard development.
Advised organic and fair trade food manufacturer in acquisition of North American trademark rights and worldwide trademark registration matters.
Update: FDA Signals Enforcement Will Not Be Used To Ensure Compliance With New Nutrition Facts Labeling Requirements — For Now
09/30/2020 | Wendel Rosen LLP
In May 2016, the U.S. Food & Drug Administration (FDA) published final rules on the new labeling requirements for the Nutrition Facts label. The purpose of these updates was to…Full Article
Acquiring a Food Company: 4 Ways to Know if it’s the Right Fit; 4 Tips to Ensure a Smooth Transaction
02/20/2019 | Food Manufacturing
[This article was originally published in Food Manufacturing on February 20, 2019.] Click here to read the article “Acquiring a Food Company: 4 Ways to Know if it’s the Right Fit;…Full Article
01/14/2019 | Client Update
Many in the food industry are still unaware that in addition to following extensive federal labeling laws, they must also be attentive to a unique California public disclosure law known…Full Article
11/05/2017 | California Craft Brewers Association
Wendel Rosen is pleased to sponsor the California Craft Brewers Conference hosted by the CCBA, which will be held November 5, 2017 – November 7, 2017 at the Double Tree…Full Article
|10/22/2017||Seminar||Food Craft Institute||Starting Your Own Craft Brewery: Business & Legal Considerations|
|05/23/2017||Seminar||California Craft Brewers Association||Know Your ABC’s Seminar|
|05/22/2017||Seminar||California Craft Brewers Association||Expert-Is-In Session (ABC Issues)|
|02/13/2017||Seminar||Bavarian Breweries & Distilleries||So You Want to be A Distiller: Licensing, Labeling and Reporting Requirements|
|11/14/2016||Seminar||California Craft Brewers Association||The Expert Is In (ABC Issues)|
|11/13/2016||Sponsorship||California Craft Brewers Association||California Craft Brewers Conference|
|10/29/2016||Seminar||Food Craft Institute||Legal Tips for Craft Breweries|
|09/18/2016||Seminar||Bavarian Breweries & Distilleries||So You Want to be A Distiller: Licensing, Labeling and Reporting Requirements|
|06/06/2016||Seminar||Bavarian Breweries & Distilleries||So You Want to be A Distiller: Licensing, Labeling and Reporting Requirements|
|05/03/2016||Seminar||Brewers Association's Craft Brewers Conference||Top Ten Legal Tips for Craft Breweries|
|01/22/2016||Sponsorship||San Francisco Brewers Guild||SF Beer Week 2016|
|10/25/2015||Seminar||Food Craft Institute||The Business of Beer: Legal Issues|
|10/15/2015||Seminar||The Bar Association of San Francisco||Brewery Law Basics|
|04/03/2014||Seminar||Brewers Association's Craft Brewers Conference||Trademark Law: Picking, Protecting and Policing Your Brands|
|11/12/2013||Seminar||Sonoma County Beer, Cider & Spirits Conference||Financing and Resources for the Sonoma Artisan Community|
|02/17/2013||Sponsorship||SF Beer Week||Celebrator Beer News’ 25th Anniversary Brewers’ Party|
Food & Beverage Update: FDA and OSHA Provide Health and Safety Checklist for Food Operations During Pandemic
08/24/2020 | Wendel Rosen LLP
On August 11, 2020, the U.S. Food & Drug Administration (FDA) and the Occupational Safety and Health Administration (OSHA) issued jointly developed guidance to assist the food industry as it…Full Article
07/16/2020 | Wendel Rosen LLP
Just a few weeks ago, the trend line showed that the infection, hospitalization and death rates were moving markedly downward. States across the country were eager to re-open businesses and…Full Article
06/15/2020 | Wendel Rosen LLP
Whether you agree or not, the pressure to return to more “normalized” operations is upon us. Federal, state and local leaders are now confronting the sobering impacts of an economy…Full Article