With a unique combination of regulatory and litigation expertise, Faegre Baker Daniels offers top-tier, highly-focused regulatory and counseling services to food, dietary supplement and animal feed companies across the country. These industries face distinctive challenges, and our lawyers have developed deep experience and knowledge in the most recent regulatory issues, technologies and industry practices. Our food litigation and regulatory practice is nationally ranked by Chambers USA — a distinction awarded to only eight firms in the U.S.
We partner with our food company clients to help them navigate through the complex web of regulatory and compliance issues facing the industry—from recalls and food safety issues such as compliance with the Food Safety Modernization Act (FSMA), HACCP, cGMPs and SSOPs to food labeling issues such as nutrient content claims, health claims, allergen declarations and "all natural" labeling.
Through our long working history and deep commitment to the food industry, our lawyers have developed expertise and maintain an ongoing awareness of legal and business developments affecting food regulatory and litigation issues. Such background allows us to focus on key client concerns and achieve successful outcomes.
We have a long history of representing many market leaders in the food, feed and dietary supplements industries, including major producers, distributors and retailers of meat and poultry, eggs, nuts, fresh fruits and vegetables, sprouts, cereal, dairy products, dietary supplements, pet food, animal feed, and ethanol byproducts.
Regulatory Expertise in Food and Agriculture Industries
We have represented and counseled food, dietary supplement and animal feed companies in numerous aspects of federal and state regulatory issues and compliance, including:
Labeling and Marketing:
- Counseling on USDA, FDA and state regulations and laws governing labeling, statutory compliance, marketing, advertising, retail practices and imports and exports
- Representing companies before the USDA and FDA on statutory and regulatory compliance concerns, including warning letters and Form 483s
- Reviewing product labeling and advertising and advising on best practices for avoiding labeling enforcement and consumer fraud claims
- Advising manufacturers on compliance and risk management with respect to Prop 65 labeling
- Collaborating with the firm's trademark, copyright, advertising and media (T-CAM) attorneys to provide comprehensive counseling with respect to claims used on labeling and in advertising.
- Advising on issues of food safety, HACCP, cGMPs, SSOPs and FSMA compliance
- Representing companies facing FDA, USDA and state inspections, enforcement actions and governmental investigations
- Advising manufacturers and distributors in connection with recalls and related FDA regulatory interactions
- Advising on compliance with the Reportable Food Registry
- Drafting recall and crisis management plans
- Conducting regulatory and food safety compliance audits and drafting compliance plans
- Advising on issues of regulatory and supply chain risk mitigation and management
- Drafting supply agreements and other contractual documents addressing issues of regulatory compliance, product specifications, guarantees and warranties, inspections, recalls and indemnity
To better serve our clients as a one-stop shop for regulatory issues and affairs, we partner with Faegre Baker Daniels Consulting, our Washington, D.C.-based consulting division. They assist in providing industry expertise, regulatory advocacy and government affairs services to our clients.