Food and Beverage

Snell & Wilmer understands the unique challenges and opportunities facing the food and beverage industry. Our clients – from early-stage companies to global brands – rely on us to help achieve their business objectives while navigating an increasingly complex legal and regulatory landscape. Whether we are advising on development, purchase, sale, expansion, finance, tax, or management operations, our attorneys bring deep industry knowledge and a proactive, strategic approach to every engagement.

Our food and beverage practice provides a full spectrum of legal services to owners, operators, developers, real estate investment trusts (REITs), family-owned businesses, suppliers, and capital sources. We represent clients across the industry, including dairy businesses, grocery store chains, franchises, restaurant and retail chains, wineries, breweries, confectioners, food manufacturers, and related vendors.

We routinely counsel clients on risk management strategies, product recalls, product liability issues, and regulatory compliance involving the Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC). Our team also advises on regulatory, and governance matters that impact the food and agriculture industries, including guidance under FDA and Federal Trade Commission (FTC) frameworks.

In addition, we represent manufacturers and product developers in the health food and nutraceutical space, including in matters involving trade secret misappropriation and enforcement of non-compete agreements.

Our experience extends to alcohol beverage regulatory matters, including counseling on the acquisition of food safety and liquor licenses for the production, importation, and distribution of spiritous liquors. We guide clients through complex federal, state, and local licensing requirements and help them maintain compliance as their operations grow.

Whether you are entering new markets, pursuing growth opportunities, or securing investment, our corporate attorneys can provide legal guidance on all aspects of corporate matters ranging from mergers and acquisitions, financing transactions, securities matters, joint venture agreements, recapitalizations, and tax matters to structuring and negotiating deals, conducting thorough due diligence, and addressing the complex legal considerations that come with business expansion and development.

We provide a broad range of legal services to our clients in the food and beverage industry, including, but not limited to, the following:

• Commercial Real Estate
• Financing
• Corporate Governance
• Regulatory Compliance including FDA/FTC
• Intellectual Property
• Labor & Employment
• Litigation
• Mergers & Acquisitions
• OSHA
• Pre-IPO and IPO
• Tax

With a proven history of advising clients in the food and beverage industry, we deliver sophisticated legal guidance. While the matters highlighted represent a sample of our work in this sector, our legal capabilities extend well beyond. We offer a broad menu of services to support the evolving needs of our clients in the food and beverage industry.

Regulatory

• Defended global food company in putative nationwide class action asserting claims for violation of unfair competition and advertising laws and other related claims regarding food product labeling and marketing
• Provided counseling with respect to FDA menu labeling requirements for chain restaurants impacting the advertised caloric content of food and alcohol items
• Assisted international confectioner with respect to U.S. carbon neutral labeling guidelines
• Provided liquor license and related food handling regulatory compliance guidance associated with the merger of two publicly traded hospitality companies, including the transfer of certain existing permits and acquisition of new ones to facilitate merger and uninterrupted continuity of business operations
• Represented international restaurant chain in connection with menu compliance with local health code requirements
• Assisted Arizona Indian Tribe with drafting of alcohol and beverage ordinance
• Defended food and beverage manufacturers and distributors in foodborne illness claims
• Defended companies in the food & beverage, restaurant/catering, skincare, and nutraceuticals industries in Americans with Disabilities Act (ADA) and Unruh Civil Rights Act litigation based upon allegedly inaccessible websites

Licensing 

• Assisted privately held brewery with the acquisition of liquor licenses and related regulatory compliance matters associated with the construction and development of state-of-the-art seltzer brewing and packaging facility in Arizona
• Assisted start-up in connection with the acquisition and development of hotel properties, including acquisition of liquor licenses and various local compliance obligations
• Provided liquor license and regulatory compliance assistance to numerous privately owned restaurant and bar operations associated with both entry into local markets and expansion of existing presence, including land use and zoning matters impacting the expansion of premise
• Represented private equity fund in connection with all aspects of hosting inaugural professional golf tournament, including facility licensing, revenue share, sponsorship, food & beverage, and media rights

Mergers & Acquisitions

• Represented grocery store chain in the acquisition of 140 stores in the western United States, including the transfer of existing liquor licenses, expansion of liquor sale privileges and the procurement of relevant state and federal environmental, health, food handling and safety permits
• Represented privately held technology company specializing in business automation solutions for manufacturers, distributors and brokers within the food and beverage industry in multiple recapitalization transactions involving leading U.S. investment banks and multiple strategic acquisitions
• Represented specialty beverage manufacturer in its joint venture and distribution agreement with a large multinational corporation
• Represented privately held food manufacturing company in its sale to a strategic buyer
• Represented privately held technology company specializing in enterprise software for the alcoholic beverage industry in its sale to a private equity fund
• Lead counsel for long-standing wholesale food instructor client in its complex tax restructuring prior to a reverse SPAC merger
• Represented long-standing wholesale food industry client in a more than $25 million buy-side M&A transaction
• Represented a plant-based food company with tax restructuring and merger into a SPAC
• Represented sellers of beverage distribution business to strategic purchasers
• Represented family office in multiple food company acquisitions
• Represented food cooking technology company in multiple private placement financing rounds and related acquisition and development of intellectual property
• Represented U.S. food products company in acquisition of group of affiliated Canadian companies
• Counsel to family office in multiple acquisitions of food services companies
• Represented a franchisee in roll-up of a large food industry franchisee involving approximately 20 partnerships
• Represented fast food franchisee in multi-million dollar acquisition and financing of over 40 franchise restaurants
• Represented start-up organic frozen food producer in multiple venture capital financings
• Represented large, privately held client in $25 million asset sale of over-the-counter pharmaceutical manufacturing business and supplier to major nutraceutical, pharmaceutical and food brands
• Represented privately held beverage company with multiple festivals at professional sports and live event venues

Intellectual Property

• Served as primary outside worldwide trademark counsel for an international natural food manufacturer and distributor, providing trademark clearance, selection, prosecution, enforcement, and litigation services for its entire range of products and services worldwide
• Lead counsel for a food manufacturer in a trademark and trade dress infringement litigation involving packaging and brand name
• Lead counsel for a food manufacturer in trademark and false advertising litigation
• Serves as outside worldwide trademark counsel for a food company, protecting and enforcing the trademark and distinctive trade dress in the United States and around the world
• Represented beverage company in defensive and offensive patent-based ITC investigations relating to blow-molding plastic bottles and drink machines
• Represented food distributor in trade secret, trademark infringement, trademark counterfeiting, and breach of contract dispute in a four-week jury trial
• Defended food manufacturer in trademark infringement and false advertising litigation
• Represented alcohol beverage company in trademark counterfeiting and infringement dispute concerning imitation product
• Represented food manufacturer in complex trademark and trade dress litigation involving packaging and name of candy
• Represented pet care company in trade dress infringement litigation involving the packaging of dog food product
• Defended pet food distributor in lawsuit involving trade secret and interference with contract claims
• Negotiated patent license agreement for an enabling technology in the human nutrition industry with a major international food and supplement manufacturer

Real Estate

• Represent leading fast-food restaurant franchisee on all acquisition, leasing, development, real estate and general matters
• Assisted client in the acquisition, development, and entitlement of 300,000 square foot beverage distribution facility
• Real estate and leasing counsel to numerous national and regional restaurant and retail/service companies with respect to their growth initiatives, including in the areas of fast food, coffee, pizza, hamburgers and pasta
• Represented food producer in procurement and contracting for design, construction of food processing plant
• Drafted and negotiated dozens of construction and design agreements for projects that include food manufacturing facility development