Economic and regulatory forces are compelling food and beverage companies to make significant changes in the ways they produce, market, and distribute their products. Industry leaders must satisfy sweeping new federal mandates put forth in the 2011 Food Safety Modernization Act, address liabilities arising from the globalization of the food-supply chain, and meet the public’s burgeoning demand for gluten-free, non-genetically-modified, organic, and BPA-free products. Moreover, food and beverage companies face constant threats to brand and business in this Facebook era when a single post about an alleged food-borne illness can go viral in a matter of hours.
Cozen O’Connor counsels major players in the food and beverage industry on litigation, transactional, and regulatory issues, and we are often involved in matters that implicate all three areas simultaneously. Our attorneys have extensive experience handling products liability claims and mass torts, and are leaders in food-industry crisis management. We help clients respond quickly and decisively at the first hint of trouble in the hopes of avoiding litigation altogether. Our insurance lawyers have been protecting food and beverage underwriters for decades and have authored numerous publications on insurer responsibilities in the event of a product recall and/or food contamination event. Our corporate team recognizes the current business challenges facing the food and beverage industry.
We serve a wide range of companies directly and indirectly connected to the food and beverage industry. Our clients include food manufacturers, ingredients suppliers, distributors, food brokers, fast food franchises, managed services companies, and insurers. We represent clients operating at every point along the supply chain. This gives us invaluable insights into the functioning of the industry as a whole and the complex relationships among various players.
Over the years, we have come to understand the particular needs and priorities of food and beverage companies. That understanding informs all of our legal and business advice. For example, we know that maintaining a positive brand image among consumers is of paramount importance to food and beverage companies. We handle every business deal, compliance act, and dispute with complete discretion and an eye toward protecting each client’s hard-earned reputation.
SERVICE AREAS
Litigation
-
Handle commercial and contract disputes along the entire supply chain
-
Defend industry clients in nationwide products liability class actions, as well as against false labeling, false marketing, and false advertising claims
-
Represent insurers in first- and third-party coverage cases resulting from food contamination and product recalls
-
Respond to civil and criminal inquiries by state and federal officials
-
Provide sophisticated crisis management services, including advice on product containment and recall, exposure analysis, and development of legal and public communications strategies
Transactions
-
Conduct mergers and acquisitions for food and beverage clients
-
Arrange critical securities transactions, including IPOs and debt offerings
-
Structure transportation and logistics contracts for shipping food and beverage products
Corporate and Regulatory
-
Assist with corporate structure and business operations
-
Counsel clients on building and protecting their intellectual property portfolios
-
Support compliance with federal regulations issued by the FDA, USDA, FTC, import/export authorities, and other government agencies
-
For insurers, develop risk management and loss prevention programs, draft policy language, and monitor the development of underlying liabilities
RELATED PRACTICES
-
Government Investigations & Criminal Defense
-
Intellectual Property
-
Global Insurance Food Contamination & Product Recall
-
Commercial Litigation
-
Products Liability
-
Transportation and Logistics
-
Corporate Law