Functional Foods & Beverages

Representative Experience

Commercial Contracting

• Served as outside counsel for commercial contracts for food and beverage companies.
• Assisted with drafting and negotiation of co-packing, distribution agreements, supply agreements and other commercial contracts.
• Assisted with drafting and negotiation of contracts with celebrities and influencers, including sponsorship agreements.
• Drafted standard terms and conditions company conducting business-to-business sales of dietary supplements.
• Advised food, beverage, and supplement manufacturers regarding contract provisions for recall coverage, safety requirements, and quality standards for use with branded company customers.

Regulatory & Advertising

• Assisted non-alcoholic wine manufacturer in obtaining trademarks.
• Advised beverage companies within the cannabis industry on compliance with state laws.
• Provided regulatory roadmap for launch of “mindful” beverage company and its products.
• Counseled low/no alcohol wine, seltzer, and cocktail brand owners on labeling and advertising requirements.
• Assisted “drink stick” company in ingredient and labeling review for product prior to launch.
• Evaluated product for categorization as conventional food, food for special dietary use, or medical food.
• Assisted various “nutraceutical,” “adaptogen,” and “nootropics” ingredient suppliers to determine safety and suitability of ingredient for use in conventional foods or dietary supplements as well as whether product GRAS.
• Guided start-up energy drink company in formulation, FDA labeling, and substantiation of claims for products.
• Reviewed marketing materials for food company positioning with “food as medicine” focus. 
• Advised herbal-based company on whether product could be marketed as a food, dietary supplement, or botanical drug.
• Evaluated substantiation and legality of “adaptogen” claim on various consumer products including beverages, pet supplements, and dietary supplements.
• Represented functional food manufacturer with Federal Trade Commission inquiry regarding scientific substantiation for structure/function and other health related advertising of dietary supplement.
• Assisted herbal supplement company in recall of products due to formulation error by contract manufacturer and potential health hazard.
• Developed and trained supplement company on label management.

Mergers & Acquisitions

• Closed numerous acquisitions for alcohol, beverage, and non-alcohol brands.
• Negotiated long-term licensing arrangement with strategic acquirer.
• Represented tequila business in sale to strategic buyer.
• Negotiated acquisitions by venture capital funds.
• Represented variety of food and beverage companies and individuals in other transactions, including buy- and sell-side M&A transactions.