Food & Beverage

Our Food & Beverage Industry Team combines legal, regulatory, and scientific experience to help you address increasing industry challenges and protect your interests.
There is no shortage of challenges facing businesses in the food and beverage industry — bioterrorism and food and beverage safety regulations, labeling class actions, genetically modified ingredients, nanotech, nutrition politics, changing product availability, regulated prices, mandatory labeling, product recalls, and mounting processing issues, to name just a few. These are not simply legal challenges — they affect every aspect of how food and beverage sector companies like yours do business.
To address the challenges and opportunities in this competitive environment, our interdisciplinary Food & Beverage Industry Team provides comprehensive legal and lobbying services for companies that produce, distribute, or sell food and beverages, and the businesses that deal with them. We represent manufacturers, processors, packers, farmers, warehousemen, distributors, brokers, wholesalers, and retailers in structuring their organizations, navigating regulatory processes, and protecting the proprietary rights associated with their products and technologies. We also assist agribusinesses, importers/exporters, food and beverage service organizations, trade associations, and equipment manufacturers.

The services we provide to meet your needs are outlined below.

Representative Matters

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Over the past five years, have defended international food manufacturer in a number of donning and doffing wage and hour class and collective actions under the Fair Labor Standards Act (FLSA) and various state laws. Represented client from complaint through all discovery, summary disposition briefing (securing summary disposition in multiple actions), class certification briefing and developed defenses, including a novel approach to resolution premised on the application of a rarely-used FLSA exception based on the definition of "hours worked." Litigated claims, application of defenses and nuanced exception under both federal and state laws to the federal district courts, federal appellate courts, and on petition for certiorari to the U.S. Supreme Court.
Counseled an international food ingredients manufacturer regarding regulatory issues related to the historic and proposed use of various ingredients and additives in food products. Also advised the client regarding historic and proposed claims concerning probiotics on product labels and in related advertising.
Represented Kraft in a false marking patent suit involving Kool-Aid and Country Time powdered beverages. Prevailed on motion to dismiss with prejudice.

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