Morsel Law combines legal, regulatory and business experience to help you address increasing industry challenges and protect your interests.
To address the challenges and opportunities in this competitive environment, Morsel Law provides comprehensive legal services for companies that produce, distribute or sell food and beverages, and the businesses that deal with them. We represent manufacturers, processors, packers, farmers, warehousemen, distributors, brokers, wholesalers and retailers in structuring their organizations, navigating regulatory processes and protecting the proprietary rights associated with their products and technologies. We also assist agribusinesses, importers/exporters, food and beverage service organizations, trade associations and equipment manufacturers. We also work with law firms and attorneys who do not regularly practice in the food, beverage and agriculture industry and have clients with needs related to these industries.
The services we provide to meet your needs are outlined below.
INDUSTRY DEVELOPMENT:
We represent clients before the FDA, USDA, the USPTO, and state agencies in all phases of the product development cycle. We provide counsel on product and ingredient notifications, FDA inspections, regulatory and due diligence audits, and Good Manufacturing Practice requirements. Our attorneys advise on licensing agreements, manufacturer and distributor registration, pending legislation, product corrective actions and regulatory aspects of product development.
FOOD AND BEVERAGE SAFETY:
Nothing is more important to you than your reputation for distributing safe, wholesome products. Food and beverage safety issues continue to pose new and difficult challenges, including consumer allergies, gaining approval for new food and beverage ingredients and food and beverage contact substances, differing national standards on safety, and new legal and regulatory perspectives on existing ingredients. Our attorneys can assist your business in addressing food and beverage safety issues.
LABELING, PACKAGING AND RECALLS:
We will review your labeling and packaging to make sure it complies with state and federal regulations, and assist you with any food and beverage labeling issues. Should you find yourself facing a product recall, we can assist your business in all stages of the recall process, from notifying regulators to public relations. In addition, we craft legal notices, and work with regulatory agencies, insurance carriers, distributors and customers on your behalf.
BRAND NAME IDENTIFICATION AND INTELLECTUAL PROPERTY PROTECTION:
Trademark and copyright practitioners help you protect brand value. We develop a strategic approach to the acquisition, maintenance and defense of this “creative equity,” including trademarks, copyrights, patents, trade secrets and other types of IP. We file and prosecute applications to acquire trademark and copyright registrations before the U.S. Copyright Office and the USPTO. We can also negotiate license and distribution agreements affecting technology transfers.
INDUSTRY PROMOTION, ADVERTISING, WEB, AND E-COMMERCE ISSUES:
At Morsel Law we understand the unique legal and practical challenges food and beverage companies face when interacting with the public through Internet websites, e-mail, social networks and other electronic methods. We advise on FTC and FDA product advertising and promotion requirements, including endorser liability, advertising substantiation, false and deceptive advertising and First Amendment protection.
DISTRIBUTION AND FRANCHISE:
We have experience guiding businesses in all phases of the distribution relationship. We will use this experience to help you identify and solve the complicated legal questions involved in structuring and financing distribution channels; renewing, revising and expanding existing distribution channels; and in the acquisition, syndication, sale, and termination of channel members. We will also negotiate and resolve disputes between suppliers, resellers, brokers, dealers, distributors and franchisees.
REGULATORY COMPLIANCE:
At Morsel Law we prepare you for routine or special inspections, product recalls, reportable food and beverage registry notifications and the day-to-day regulatory issues facing the food and beverage industry. In addition to helping with FDA compliance emergencies, we also work with you to avoid enforcement problems by conducting regulatory and compliance audits in the areas where you may be concerned about possible exposure.
BUSINESS TRANSACTIONS AND MERGERS AND ACQUISITIONS:
We appreciate the benefits of strategic and creative partnering. We will bring our experience with acquisitions and divestitures, negotiated offers, leveraged and management buyouts, private equity and venture capital investments, recapitalizations and reorganizations, and joint venture transactions to your team. We also will counsel you in the advantages of bundling powerhouse brands and preserving your brand equity in newly acquired product portfolios.
FINANCE:
Whether you are a lender or borrower for food and beverage industry companies, you face unique statutory restrictions and practical hurdles in obtaining financing. Federal law regulates the use of food and beverage products as collateral. Realizing value from perishable commodities requires practical experience and knowledge. We act as special counsel to food and beverage industry borrowers and lenders financing food and beverage industry companies. On your behalf, we will handle a broad range of commercial loan, project finance, public finance and asset securitization transactions.
REAL ESTATE AND ENVIRONMENTAL:
Morsel Law works with food and beverage companies on the acquisition and disposition of real estate, leasing, development and construction of manufacturing facilities and retail stores across the country. We also frequently advise clients on the environmental aspects of these types of commercial and real estate transactions. We work with clients to obtain federal, state and local permits for new and existing facilities. We also advise clients on regulatory and permit compliance issues. We conduct environmental audits and help clients to develop and implement environmental compliance management systems.
MARKETING FDA-APPROVED FOOD AND BEVERAGE PRODUCTS:
We help market your products in ways that minimize any potential disruptions by regulators. For example, we assist with developing the elements of a quality system, including procedures for compliance with GMP regulations and providing standard operating procedures and developing effective complaint handling systems, including provisions for failure investigations. We also implement procedures to comply with food and beverage reporting regulations, as well as with handling labeling and promotional issues, including nutritional, organic, and other label concerns. We can help you in developing advertising and promotion materials, and managing their associated costs.