Retailers

We have extensive experience working with new “niche” entrants to the food industry and experienced chain retailers expanding into new geographic markets, diversifying with new private label brands, and/or implementing innovative business concepts to strengthen their existing market positions. We provide guidance and assistance for Start-Up issues ranging from capitalization and entity formation through location and licensure to market penetration and mid- to long-term planning. We can also help you identify facility requirements and the licenses and certifications needed to open your business.

We handle food labeling, registration, and licensure at the federal, state, and local levels for locations throughout North America.

Additionally, we work with clients to secure all required operating and collateral licenses associated with their businesses, including local health, safety, and occupational permits.
 

With technology changing at breakneck speed, we understand that process innovation can be critical to market success. From initial design through HACCP program development and implementation, we assist clients with creating their new processing methods to assure compliance and enhance their prospects for market success.

We understand that a private label brand is more than a label – it is the embodiment of the retailer. From initial appointment through registration and market rollout, we assist retail clients with the creation and promotion of their private-label food products to assure compliance and enhance the prospects for market success. Our regulatory guidance for brand development encompasses compliance with federal product formulation and labeling requirements, as well as state brand registrations and practical, experience-based input on brand development.

Preparation and negotiation of key contracts are vital to success in the food industry. Our services in this area include drafting lease and concession agreements with venue owners, private label production contracts, and a range of other relevant operating documents necessary for compliance and success.

Keeping consistent and accurate records is essential for any business that sells food to the public, especially in the event of a product liability or food-borne illness claim. Our team can counsel on best practices and can assist in the preparation of policy manuals.

Because the food industry is heavily regulated, retailers must produce and maintain accurate and complete records. Moreover, because it is a heavily taxed industry, retailers are obligated to meet their federal and state taxation responsibilities; failure to do so can jeopardize licensure, which directly impacts the ability to remain in business. We provide comprehensive assistance with taxation and record-keeping responsibilities.

In today’s world, with the unprecedented proliferation of brands and industry members, the ability to distinguish a particular retailer or a specific brand is fundamental to success. While advancing technology presents extraordinary new opportunities for marketing and promotion, the regulatory restrictions applicable to alcohol beverages produce concomitant compliance risks. Our Food Law Team provides specific advice regarding marketing, advertising, and promotional activities, including issues relating to consumer tastings and samplings, coupons and sweepstakes, social media marketing, and the degree to which retailers lawfully can work with food suppliers or distributors to achieve success in the marketplace.

Unlike most other consumer products, commercial food presents industry members with huge compliance challenges because the laws and regulations vary among some states. We counsel clients on trade practice and compliance issues at the federal, state, and local levels, ranging from labeling requirements and market recalls to distributor relations and restrictions on how to work lawfully with suppliers to best promote sales. 

Legislative change is rarely easy, but sometimes it is vital to development and growth. Issues can range from focused matters, such as IRC coupon redemption regulations, to more expansive issues, such as calorie and nutrition requirements for menus and package size restrictions on certain food products. We have proven experience in securing needed legislative changes for clients, working with food industry members to design and implement strategic public relations and legislative lobbying campaigns, including the drafting of proposed legislation and regulatory rulemaking.

In a heavily regulated industry, the risks of regulatory enforcement always are substantial. In especially competitive markets, these risks often escalate because competitors do not hesitate to complain to regulators whenever they perceive an alleged violation that arguably yields an unfair advantage in the marketplace. Whether in the form of an audit, subpoena for records, or institution of formal administrative proceedings, our Food Law Team’s professionals are experienced in protecting clients’ rights and defending their interests against administrative actions at the federal or state levels.

Disputes can arise from any number of sources: government agencies, members of the public, and even other food industry members. Whether those disputes ripen into litigation often depends on the initial actions and reactions of the relevant parties. Our experience proves that skilled communication and strategic planning can often avert litigation, saving all parties time, effort, and expense. Our unique combination of lawyers and former regulators and our experience representing all tiers and segments of the industry enables us to offer food industry clients unparalleled mediation capabilities that can identify key issues, overcome inter-company obstacles, and resolve disputes before control is ceded from the parties to the courts. When mediation is not an option, our trial lawyers have decades of experience with litigation and arbitration, including supplier termination, intellectual property protection, and product liability matters. 

We use the experience and knowledge of our Food Law Team’s attorneys and former regulators to develop tailored education and training programs that emphasize best practices while encouraging compliance. Whether in the format of a live presentation before an in-house classroom audience or a company-wide online webinar, we can devise programs that add value by increasing employee education about commercial food DOs and DON’Ts while reducing both compliance and liability risks.

Our attorneys and former regulators stay current on industry developments and work to identify developing trends ahead of the market curve. That process can be invaluable for retailers who seek a competitive and strategic edge. We offer such clients leading-edge industry research and reports that provide critical information and insights needed to make important mid- and long-range business decisions. Our Food Law Team brings complex information together and makes it understandable so our clients can stay ahead of emerging trends and current with constantly changing regulatory landscapes.