Food & Beverage

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.

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Experience

Publications

Section 301 Petition Concerning Mexican Agricultural Products Filed [Alert]

September 15, 2022

On Sept. 8, Florida lawmakers filed a petition with USTR seeking relief for an alleged Mexican export targeting scheme.

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.

In The News

Cozen O’Connor Advises Utz Brands, Inc. on Definitive Agreement to Sell Three Manufacturing Facilities and Good Health® and R.W. Garcia® Brands

January 31, 2024

The total consideration for the transactions is $182.5 million, subject to customary adjustments. The transactions are expected to close on February 5, 2024, subject to the satisfaction of certain closing conditions.

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.

Contacts

Simeon D. Brier

Chair of Diversity, Equity and Inclusion Initiatives
Chair, DEI Strategies & Solutions

sbrier@cozen.com

(305) 704-5942

Richard Fama

Member

rfama@cozen.com

(212) 908-1229

David A. Shimkin

Member

dshimkin@cozen.com

(213) 892-7988

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