Practice Areas & Industries: Husch Blackwell LLP

 





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Practice/Industry Group Overview

Our Food Law practice focuses on the specific needs of producers, processors, distributors and sellers in the highly regulated food industry. Our experience includes former in-house attorneys with over 50 years of combined service to the food industry and a field investigator for the Food and Drug Administration. This unique in-house experience affords us an appreciation of the legal, regulatory and practical constraints imposed on the food business in a highly visible and competitive industry.

Our food clients are involved in food production from farm to table, planting to processing, and distribution. Representative clients include trade associations, co-operatives, fresh and manufactured milk producers, thermal-processors, meat producers, food manufacturers, commissaries, restaurants, wholesalers and retailers, branded, private label and contract producers, and advertisers and advertising agencies. We work closely with our clients to establish preventive programs and systems to comply with the many Food and Drug Administration, Food Safety and Inspection Service of the United States Department of Agriculture regulations and the National Advertising Division and the Children’s Advertising Review Unit. When needed, our food attorneys deal with issues arising from direct interaction with these agencies. In addition, we provide numerous contacts with food regulators and other consultants, including the firm’s office in Washington D.C., to coordinate and facilitate direct dealings with FDA and USDA as appropriate.

Our experience includes:

  • Product labeling, health statements, dietary usefulness, comparative claims
  • Response to regulatory proposals
  • Testimony before FDA, USDA and FTC
  • Petitions to FDA for new on-label claims
  • Responding to regulatory inspections, Forms 483 and Warning Letters
  • Inspections, recalls and market withdrawals
  • Bioterrorism Act of 2002
  • Product tampering; Office of Criminal Investigations
  • The U.S. Public Health Service Food Code
  • HACCP - Hazard Analysis of Critical Control Point program
  • Contracted and other relationships with and among food brokers, distributors and wholesalers
  • Advertising and Marketing of products
  • Intellectual Property