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Manufacturing

Consumable Goods

For manufacturers of consumable consumer products, encompassing food and beverage products and packaging, cosmetics, hemp products, alcohol and tobacco products, product integrity is a vital asset. Protecting and helping clients leverage that asset is our first order of business. Our team brings regulatory, transactional and litigation savvy to help clients across this manufacturing sector overcome their most pressing and complex challenges. We focus on understanding our clients’ strategic business goals and helping them to achieve those goals as efficiently as possible in fast-paced, highly regulated and competitive environments.

We counsel on commercial and contract matters, regulatory compliance (FDA, USDA and CPSC), marketing and advertising, international trade, merger and acquisition transactions, joint ventures and taxation. We also offer hands-on support with risk management and litigation matters, helping clients design and properly implement strategies to address FDA or USDA enforcement actions, customs issues, product recalls, and regulatory actions brought by the Consumer Products Safety Commission. In the commercial area, our services include assisting companies in structuring and negotiating various co-packing, toll manufacturing, distribution, vendor and other supply chain agreements.

Sub-Industry Team Contacts

  • Alan K. MacDonald

    Member

    Louisville, KY

  • Daniel G. Mudd

    Member

    Louisville, KY

Experience

Assisting a major manufacturer of packaged edible oils in structuring a $1.4 billion joint venture with another well-known edible oils manufacturer and assisting with the on-going JV relationship.

Assisting a flavor and food ingredients client in an asset purchase transaction involving the assets of an aseptic filling and processing facility.

Assisting a client in petitioning the FDA for an informal advisory opinion allowing a minor deviation from the current regulations to allow the client to take advantage of a more environmentally friendly manufacturing process.

Spearheading successful recalls, including recalls down to the consumer level, as well as market withdrawals for multiple clients.

Providing interim general counsel services to food product clients.

Providing FDA labeling and claims review for food, cosmetic, and dietary supplement clients, including those with hemp/CBD ingredients.

Assisting a restaurant client in the acquisition of franchised locations.

Assisting several restaurant clients in navigating state and federal menu labeling requirements.

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