Food & Beverage

Recent News:

Restaurants are plotting aggressive franchise expansion. Here's where — and why.

Susan Grueneberg spoke with Restaurant Dive about the rise in restaurant franchising over the past 22 months.

More

In an era of heavy regulation, changing consumer demand, labeling disputes, product recalls, and brand vulnerability, Cozen O’Connor provides comprehensive legal services to the food and beverage industry. Our attorneys represent clients operating at every point along the supply chain and involving all product lines — from snack foods to pet foods and from alcoholic spirits to dietary supplements.

Food & Beverage Litigation

  • Complex and multi-jurisdictional class action lawsuits alleging consumer protection law violations.
  • Individual and mass torts alleging contamination or product defects and resulting personal injuries.
  • Hybrid claims combining class action and traditional product liability claims. 
  • Commercial disputes between competitors and among participants in the supply chain. 
  • Crisis management, including regulatory notifications, product retention, and brand protection.

Food & Beverage Regulations

  • Federal regulations promulgated and overseen by the Food and Drug Administration, U.S. Department of Agriculture, Federal Trade Commission, and federal import/export authorities.
  • State-based regulations, including California’s Proposition 65 and “Made in the USA” law.
  • Packaging, labeling, branding, product placement, social media, and advertising.
  • Government relations and advocacy at the federal and state level.

Food & Beverage Related Services

  • Intellectual Property handles patents, trademarks, copyrights, trade dress, trade secrets, and domain names.
  • Mergers & Acquisitions negotiates sales and purchases of assets or stock, mergers, joint ventures, consolidations, spin-offs and roll-ups, and recapitalizations.
  • White Collar responds to civil/criminal investigations, enforcement, and prosecutions, including under the Foreign Corrupt Practices Act, False Claims Act, and criminal antitrust statutes.
  • Employment Litigation defends wage and hour, donning and doffing, discrimination, EEOC, and non-solicit and non-compete claims.
  • Commercial Litigation handles all commercial claims, including contract disputes, business torts, and defamation actions.

We understand the priorities of food and beverage companies, so we know that a positive brand image is in many ways their most valuable asset. Cozen O’Connor handles every deal and every dispute with absolute discretion and a commitment to protecting our client’s brand and hard-earned reputation.

Experience

Publications

Avoiding a Legal Hangover [Bar Business Magazine]

August 01, 2019

Richard Fama and Dean Porter contributed an article to the Bar Business Magazine discussing different types of bar and restaurant advertisements along with the federal regulations behind it.

CBD-Based Products: What Marketers Should Know in Today's Uncertain Regulatory Landscape [Cannabis Business Executive]

July 15, 2019

Richard Fama and Kristin Keehan contributed an article to CBE discussing the high demands of CBD-containing products along with concerns from the FDA.

What the Food Industry Needs to Know About the New Prop 65 Warning Requirements [Food Safety Magazine]

October 02, 2018

Brett Taylor, a member of the firm's Commercial Litigation Department, authored "What the Food Industry Needs to Know About the New Prop 65 Warning Requirements" for Food Safety Magazine.

Power Lunch: Are Your Products Really 'Made in the USA'? [Food Processing]

June 25, 2018

Richard Fama and Brenden Coller, members in the firm's Commercial Litigation Department, published, "Power Lunch: Are Your Products Really 'Made in the USA'?" for Food Processing.

Ninth Circuit Brings Clarity to Made in the USA Labeling [Food Recall Monitor Blog]

May 16, 2018

Thanks to the California legislature and the Ninth Circuit’s recent unpublished opinion in Fitzpatrick v. Tyson Foods, food manufacturers and distributors in California can label their products “Made in the USA,” even if the products contain certain percentages of foreign-made ingredients or...

'Made In USA' Ruling Reflects New, Looser Calif. Standard

May 08, 2018

Rich Fama and Brenden Coller, members of the firm's Commercial Litigation Department, co-authored, "'Made In USA' Ruling Reflects New, Looser Calif. Standard," for Law360.

California consumers and food manufacturers await key government rules on food labeling. [Food Recall Monitor Blog]

September 01, 2017

The Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA) are expected to soon issue new regulations regarding the advertising and labeling of food products.  California manufacturers will have to make sure that they not only do not run afoul of those new rules,...

Waiting for the FDA is the Hardest Part, California Federal Judge Rules [Food Recall Monitor Blog]

December 20, 2016

What it means for food to be “natural” has become a topic of contentious debate, and the Food and Drug Administration (“FDA”) entered the fray earlier this year, requesting comments on use of the term on food labeling. Some courts, including the U.S. Court of Appeals for the Ninth Circuit, have...

Events & Seminars

Past Events

Latino Food Symposium 2018

August 20, 2018 - Los Angeles, CA

Meat Industry Summit

April 17, 2018 - San Antonio, TX

ACCEC's 5th Annual Meeting

May 10, 2017 - Chicago, IL

DRI: Product Liability Conference

February 08, 2017 - Las Vegas, NV

In The News

Restaurants are plotting aggressive franchise expansion. Here's where — and why.

October 18, 2021

Susan Grueneberg spoke with Restaurant Dive about the rise in restaurant franchising over the past 22 months.

Cozen O’Connor Advises Utz Brands, Inc. on Definitive Agreement to Acquire Truco Enterprises

November 12, 2020

The Cozen O’Connor team is led by Larry P. Laubach. The team includes Richard J. Silpe, Gregory P. Cunningham, Eli S. Wolfe, Lindsey Stillwell, J. Trevor Cloak, Jay A. Dorsch, and Robert S. Kaplan.

Cozen O’Connor Guides Utz Quality Foods in Business Combination Agreement with Collier Creek Holdings to Form Utz Brands, Inc.

June 10, 2020

Transaction Results in Utz Going Public After Nearly 100 Years as Family Business.

Cozen O’Connor Oversees Bankruptcy Acquisition of New York-based Luxury Coffee Chain FIKA

January 22, 2019

Attorney Frederick E. Schmidt, Jr. Guides Senior Secured Lender Through a Complex Chapter 11 Section 363 Sale

Utz Quality Foods Acquires Inventure Foods

December 15, 2017

Hanover, PA-based Utz Quality Foods completed its acquisition of Inventure Foods in a deal valued at $165 million. Larry Laubach, chair of Cozen O'Connor's Corporate Practice Group, assisted Utz in the transaction.

Contacts

Richard Fama

Member

rfama@cozen.com

(212) 908-1229

F Brenden Coller

Member

bcoller@cozen.com

(215) 665-5518

Simeon D. Brier

Member

sbrier@cozen.com

(305) 704-5942

David A. Shimkin

Member

dshimkin@cozen.com

(213) 892-7988

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