Wendel Rosen’s Food and Beverage Practice Group provides a full range of services to producers, manufacturers, distributors, suppliers, growers, retailers and investors, as well as to the broader consumer packaged goods industry. 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.
Many regulatory agencies oversee and verify compliance by food and beverage companies with food safety, accurate labeling and truthful advertising regulations and laws. Wendel Rosen is experienced with the federal laws governing these regulatory areas, such as 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. We are also experienced with the state laws governing food and beverages and the regulation of alcoholic beverages. Our attorneys deal with the FDA, USDA, EPA, and the FTC and their state agency counterparts regarding these laws. Our industry focus helps us deliver valuable guidance that our clients need to succeed.
From research and development to point of sale and from farm to table, legal issues arise at every level of production and distribution. Wendel Rosen provides a multi-disciplinary approach to address these issues. Our food and beverage clients turn to us for regulatory counseling and litigation support to deal with issues affecting food and beverage quality and safety, such as labeling, advertising, product liability, recalls and class action litigation. We are also sought out by clients for assistance in structuring the specialized agreements used in the food and beverage industry, including agreements for copack or contract manufacturing, supply, processing, warehousing, brokerage, growers and trademark licenses.
Typical questions our clients ask of us include:
- Are my product claims permissible?
- Do my labels comply with evolving federal and state regulations?
- What can I do when a competitor makes improper claims that adversely affect my business?
- How should I respond to threats of a consumer class action lawsuit over my product or advertising?
- Am I required to recall my product?
- Do I have appropriate contracts with my copacker?
- Are my supply agreements in order?
- Do I have appropriate Food and Drug Guarantees?
- Does my insurance cover any of this?
Wendel Rosen’s comprehensive service offerings are designed to offer clients a complete solution to their legal needs – both those specific to food and beverage issues and those of a general business nature. When needed, we bring in other attorneys in the firm to handle venture capital, private equity and angel financing, employment and labor advice and litigation, real estate transactions (leasing, sales and land use), trademark protection and brand licensing, general litigation, tax planning, mergers & acquisitions, insolvency and restructuring, and class action litigation. By leveraging the collective talent and experience of our firm’s attorneys, we help you and your food and beverage business effectively navigate our complex commercial world.
For additional information, you may also want to visit our Food & Beverage Industry page.