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.

Corporate Guidance

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.

Regulatory Compliance

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.

Business Protection

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.

Publications

Acquiring a Food Company: 4 Ways to Know if it’s the Right Fit; 4 Tips to Ensure a Smooth Transaction

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;…

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Proposition 65 – Continuing Challenges for Food Industry

Proposition 65 – Continuing Challenges for Food Industry

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…

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Beer and Brands

Beer and Brands

10/01/2018 | Beverage Master

Craft brew and intellectual property attorney Eugene Pak recently wrote an article for Beverage Master magazine about selecting a unique name that will pass trademark muster. His article begins on…

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Date Category Publication Title
08/20/2018 Publication Client Update WARNING: New Prop 65 Regs Contain Requirements Known to Cause Consternation and Risk for CA Businesses
03/01/2018 Publication Trusts and Estates Practice Group 2018 Summary of Changes to Gift, Estate & GST Taxes
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08/11/2017 Publication Food Navigator Food litigation 101: Non-functional slack fill… are you up to speed?
05/17/2017 Publication Josh Cohen FDA Recalls FDA Menu Regulations
03/14/2017 Publication William C. Acevedo Litigation Trends: An Overview of Ongoing Concerns for Food & Beverage Manufacturers
12/21/2016 Publication Wendy L. Manley OEHHA Adopts Revised Temporary Regulations for BPA Warnings in Food & Beverage Packaging
06/06/2016 Publication Allan I. Zackler and Joshua D. Cohen The Legal Angle On General Mills Recall Of 10 Million Pounds Of Flour
04/21/2016 Publication Wendy L. Manley Turmoil for Food Brands: New Prop 65 Warning Requirement for BPA in Packaging
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08/29/2014 Publication JD Supra Business Advisor 11 Ways to Avoid Advertising Missteps
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News

“Happy Cows” and Sad Customers? Bill Acevedo Comments on Ben & Jerry’s Milk Sourcing Lawsuit

“Happy Cows” and Sad Customers? Bill Acevedo Comments on Ben & Jerry’s Milk Sourcing Lawsuit

11/14/2019 | Food Navigator USA

In a recent interview with Food Navigator USA, Partner Bill Acevedo discusses the recent lawsuit against Unilever that alleges the company misleads customers by representing Ben & Jerry’s ice cream…

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Bill Acevedo Offers Insight into Cannabis-Infused Beverage Market

Bill Acevedo Offers Insight into Cannabis-Infused Beverage Market

10/24/2019 | Benzinga

Wendel Rosen Partner Bill Acevedo spoke with Benzinga recently, offering his perspective on cannabis-infused beverages. With newly approved cannabis products, including beverages, entering the market in Canada, Bill suggests watching…

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CBD is Growing Fast, but Several Hurdles Could Slow Progress

CBD is Growing Fast, but Several Hurdles Could Slow Progress

06/07/2019 | Food Navigator

Wendel Rosen attorney Bill Acevedo is quoted in the article “Soup-to-Nuts Podcast: CBD is growing fast, but several hurdles could slow progress,” which published on June 7, 2019 in, Food Navigator….

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Date Category Publication Title
11/02/2018 News Food Navigator  Miyoko’s Kitchen Sued Over Vegan Butter Labels: “Products Bask in Dairy’s Halo”
06/26/2018 News Law360  Trump Food Safety Proposal Unlikely To Have Legs
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06/27/2016 Press Release   Firm Beefs Up Food and Beverage Group With Industry Expert Allan Zackler

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