Food and Dietary Supplement Law


“Clients expect to be able to market new products quickly and inexpensively in order to gain a competitive advantage.  We assist clients by working to protect their company and their products from regulatory, competitive and consumer challenges at product launch and after the products are in the marketplace.”

Clients involved in the Food industry- whether as a human, pet food or dietary supplement manufacturer, distributor, restaurateur, any institution serving food-exist in a highly regulated and competitive environment.  New products can struggle to reach the market, and expensive litigation or regulatory challenges can have long-term damaging effects on a business. McGrath North focuses on this important client group by providing a full range of special services, including advice regarding pre-market regulatory issues, food labeling and advertising, facilities operation and ingredients management for pathogen controls within federal guidelines, and policy matters. Our attorneys have extensive experience and contacts in federal government, including the USDA and FDA, and have successfully petitioned these agencies for regulatory change on multi-million dollar matters for major national brands.

In addition to specializing in developing strategies for food safety prevention issues and product premarket strategies, our attorneys have successfully guided firms through the food recall process, including managing government and media matters, developing tactical damage control to minimize loss of sales. When necessary, our team can also draw on McGrath North’s litigation expertise to manage consumer and competitor litigation. In order to increase the efficacy of our advice and our litigation effectiveness, our attorneys focus on continuing education, not only on new regulations and policy matters, but also scientific and medical issues related to food safety and nutrition. Our attorneys have developed professional relationships with consumer advocates to ensure a smooth exchange of ideas and to minimize conflict.

Industry Experience: New product launches, petitioning for regulatory change,  FDA and USDA inspections, recalls and withdrawals, corrective actions, import detentions, product seizures, adverse event reports, injunctions, criminal prosecutions by regulatory agencies, advertising compliance, due diligence on food-related acquisitions or divestitures, sales and distribution agreements, import and export issues, consumer relations and protection issues, and food recall insurance matters.

REPRESENTATIVE TRANSACTIONS

  • Worked with FDA on numerous occasions over the last 25 years to help draft regulations that made practical sense for the industry and assisted our clients in marketing new products.
  • Successfully petitioned for change of the regulatory definition of “healthy” in order to help keep a multi-million dollar brand on the market, and at the same time assuring a supply of good-for-you products available for consumers.
  • Managed one of the largest beef recalls in US history without a single plant closing, lost day of business or regulatory consequence.
  • Convinced FDA to allow the marketing of “low fat ice cream” by successfully challenging the then current definition of “ice cream”.
  • Prevented numerous product recalls by providing up front labeling and/or advertising advice.
  • Assisted several clients in bringing new dietary supplement and/or food products to market, including agency approvals, importation issues, labeling, and advertising compliance advice.
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