With a growing population of diligent, health-conscious consumers, the food and beverage industry is under more scrutiny than ever.

Our lawyers understand the nuances of the ever-changing food and beverage industry and make it a priority to stay up-to-date with industry trends by attending pertinent trade shows, including the Winter and Summer Fancy Food Show, Natural Products Expo West and Expo East, Sweets & Snacks Expo and BevNET.

Based on our conversations with numerous industry authorities, we have developed the following Tasting Notes designed to inform food and beverage industry players about the essential legal issues facing their businesses today.

THE IMPORTANCE OF NAVIGATING ESG CONCERNS
Author: Charles Sipos, Kristine Kruger, and Tommy Tobin
Environmental, social, and governance (ESG) concerns for consumer-packaged goods (CPG) companies have become increasingly prominent in recent years. As consumers and investors place greater emphasis on sustainability and ethical practices, CPG companies are facing new challenges and opportunities. Read more >

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WORKPLACE AUDITS: PREPARING FOR A FINANCING OR SALE
Author: Emily Bushaw
Comprehensive workplace audits will allow you to identify and repair issues prior to opening company practices up to scrutiny by a potential investor or buyer. An audit may catch issues that could make a business less attractive in a sale or financing round, which could lead to a price reduction or special indemnity escrow. From a buyer or investor perspective, an audit helps to identify issues and to develop and implement standardized practices across portfolio companies.  Read more >

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CBD AND THE FOOD AND BEVERAGE INDUSTRY
Author: Andrew Kline and Tommy Tobin
The market for food and beverage products containing hemp-derived cannabidiol (CBD) continues to grow. With new CBD products introduced to the market every year, here are some of the top considerations for companies looking to enter the CBD space.  Read more >

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REGENERATIVE AGRICULTURE: SUSTAINABILITY IN FARMING
Author: Dax Hansen 
The practices of farming have evolved over time and some argue that adopting a change to modern farming techniques can help combat climate change. Read more >

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AVOIDING PFAS AND OTHER FOOD PACKAGING FAUX PAS: NAVIGATING US AND EU REGULATIONS
Author: Andrea Driggs and Cassie Roberts
The PFAS Strategic Roadmap was released in 2021 by the United States Environmental Protection Agency (EPA) and outlines the various approaches that the EPA will use to address per- and polyfluoroalkyl substances (PFAS). Read more >

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FOOD FOR THOUGHT: DESIGN PATENTS
Authors: David Fournier 
Design patents have long been an underutilized form of IP protection, assumed to be less useful than utility patents. In the food and beverage industry, design patents can be a vital element of intellectual property protection. Read more > 

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SIGN ME UP? USING A SUBSCRIPTION-BASED BUSINESS MODEL
Author: Kirk Soderquist
From meal planning to a candy, jerky or coffee-of-the-month club, the subscription-based business model is everywhere in the food and beverage industry and it is here to stay. As more companies adopt this model, states around the country have enacted laws requiring detailed disclosures that businesses must follow. Read more >

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PATENT OR TRADE SECRET PROTECTION FOR FOOD AND BEVERAGE INNOVATION?
Author: David Fournier
Recipes, food processing methods and food processing equipment are a few examples of the technology commonly developed by companies in the food and beverage industry. Learn the difference between using a patent or a trade secret to protect your technology. Read more > 

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ENVIRONMENTAL ISSUES FOR FOOD AND BEVERAGE BUSINESSES
Author: Alix Bromer
The production and sale of wholesome food and beverage products can give rise to environmental liability. Keep in mind these important environmental issues when running your business. Read more >

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TOP 10 REGULATORY ISSUES THAT AFFECT YOUR FOOD AND BEVERAGE BUSINESS
Author: Larry Reichman
Businesses in the food and beverage industry are frequent targets for regulation and litigation. Plan for these common advertising and labeling issues food and beverage businesses regularly encounter. Read more >

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ADVERTISING AND LABELING: 10 COMMON ISSUES IN FOOD AND BEVERAGE COMPANIES
Author: Jason Howell
Businesses in the food and beverage industry are frequent targets for regulation and litigation. Plan for these common advertising and labeling issues food and beverage businesses regularly encounter. Read more >

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CALIFORNIA'S PROPOSITION 65
Author: Food Litigation Group
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as “Proposition 65,” requires businesses that sell consumer products—including food and beverages—to notify Californians about certain chemicals that are in those products. Learn who is required to comply and what information to include on required warning labels. Read more >