Food & Beverage
Food Litigation and Regulation
GRSM represents many leading food, beverage and dietary supplement manufacturers, distributors and retailers in litigation arising from recalls and foodborne illness outbreaks, consumer fraud class actions, labeling challenges and supply chain disputes. We have developed extensive knowledge and understanding of a variety of food-related industries, food manufacturing and production, food safety and HACCP, distribution and retailing, supply chain management, labeling and advertising, inspections and regulatory enforcement actions, and related risk management issues. When clients hire our food attorneys, they hire a team which understands the food and beverage industry, its practices and the potential problems its members face.
We have a long history of representing many market leaders in the food, feed and dietary supplement industries, including major producers, distributors and retailers of meat and poultry, eggs, nuts, fresh fruits and vegetables, sprouts, cereal, dairy products, dietary supplements, pet food, animal feed, and ethanol byproducts.
Representative Experience in Food Litigation and Regulation
- E. Coli - Spinach, alfalfa sprouts, apple juice, Brussels sprouts, meat products.
- Hepatitis C - Green onions
- Eosinophila Myalgia Syndrome - L-Tryptophan
- Dietary Supplements
- Legionnaire's disease - Waterborne bacteria
- Hepatitis-C and food contamination - restaurant foods
- Salmonella - spices
- Intellectual Property litigation, including trademark, trade dress, unfair competition, and advertising disputes involving labels and product packaging design for food (including chocolates, teas, and spices) and beverages (craft beer, bourbon, whiskey, tequila/mescal, and mixed alcoholic beverages).
Labeling and Marketing:
- Counseling on USDA, FDA and state regulations and laws governing labeling, statutory compliance, marketing, advertising, retail practices and imports and exports
- Representing companies before the USDA and FDA on statutory and regulatory compliance concerns, including warning letters and Form 483s
- Reviewing product labeling and advertising and advising on best practices for avoiding labeling enforcement and consumer fraud claims
- Advising manufacturers on compliance and risk management with respect to Prop 65 labeling
- Representing companies before the United States Patent and Trademark Office (USPTO) and Trademark Trial and Appeal Board (TTAB) related to food and beverage labels, product packages/design, branding, trade dress, and trademarks, as well as design patents, and utility patents.
- Advising on issues of food safety, HACCP, cGMPs, SSOPs and FSMA compliance
- Representing companies facing FDA, USDA and state inspections, enforcement actions and governmental investigations
- Advising manufacturers and distributors in connection with recalls and related FDA regulatory interactions
- Advising on issues of regulatory and supply chain risk mitigation and management
- Drafting supply agreements and other contractual documents addressing issues of regulatory compliance, product specifications, guarantees and warranties, inspections, recalls and indemnity