Companies in the agribusiness and food industries face an ever-changing legal and regulatory landscape. Because of this, they are constantly confronting complex legal issues at the state and federal levels ranging from litigation over “all natural” or GMO labeling to FDA/USDA regulatory compliance, and transactional and intellectual property issues.
The Armstrong Teasdale Agribusiness and Food industry team serves the needs of the agribusiness, food, alcohol, dietary supplement, OTC drug, cosmetics, medical device, tobacco, and food preparation and processing industries, as well as ancillary and derivative industries. With offices in St. Louis, Kansas City, Jefferson City, Las Vegas, Denver and Shanghai, Armstrong Teasdale and its dedicated team of agribusiness and food professionals are positioned to bring resources to bear for clients in this area.
Armstrong Teasdale lawyers are also uniquely positioned to represent clients from farm to table, handling everything from processing standards to market analysis and promotions for clients to negotiations with third-party distributors, suppliers and regulators.
Lawyers on the Agribusiness and Food industry team serve as close advisers for clients, connecting them with other firm resources as needed. The Agribusiness and Food industry team:
- Compliance: Works to ensure compliance is met with all food safety, FDA, USDA and various state regulations and requirements, and helps prepare for regulatory changes and inspections under the Food Safety Modernization Act (FSMA) and implementing regulations. This also includes advising on product- and ingredient-specific regulations such as Seafood Hazard Analysis Critical Control Point (HACCP) compliance and dairy, energy drink and juice regulations.
- Labeling and Advertising/Marketing: Reviews labels and labeling, advertisements, internet marketing and social media platforms for products to ensure compliance with regulatory requirements, and assesses the risk of litigation, noncompliance and enforcement actions.
- Consumer Class Action: Represents clients in consumer class action litigation involving claims for false labeling and advertising brought under applicable state consumer protection statutes, including the Missouri Merchandising Practices Act, as well as for claims brought under the Lanham Act.
- Enforcement Actions: Defends against FDA and FTC enforcement actions such as product recalls, FDA detentions and refusals, warning letters, 483s, adulteration and misbranding charges, import alerts, claims brought by state and federal prosecutors for violation of safety regulations and for false labeling and advertising.
- Customs: Assists and counsels in relation to customs matters such as Form 28s, liquidated damages, criminal investigations, seizures, HTS classifications, free trade agreements and country of origin issues.
- Transactional Needs: Assists and counsels businesses with its day-to-day transactional needs, including the negotiation and enforcement of vendor, supply, distribution and licensing agreements, tax matters, and acquisitions, mergers and joint ventures.
- Operations: Creates standard operating procedures (SOPs) to comply with current good manufacturing practices (CGMPs) and industry best practices.
- Legislation: Supports companies and their industry partners by analyzing and advocating with respect to relevant legislation, including GMO and agribusiness legislation on the state and federal levels and related rulemaking.
- Intellectual Property: Represents companies and individuals in obtaining patents and trademarks, and helps manage and enforce existing patent and trademark portfolios.
- Internal Investigations: Conducts internal investigations of business practices or activities.
- Labor and employment, general litigation (including addressing OSHA issues), EPA compliance and permitting, and real estate matters are all integral to a company’s present and future operations.