Food and Restaurant Litigation

There is no shortage of challenges facing the food and beverage industry. From new bioterrorism regulations, genetically modified ingredients and changing product availability to mandatory labeling, product recalls and processing issues, each affect every aspect of how food and beverage companies do business.

Frost Brown Todd represents a variety of food producers, processors and restaurant clients. Our clients include several national and international manufacturers of food products, major wine vintners as well as wholesale food distributors. We also represent clients in the quick serve industry as well as a major quick-serve purchasing cooperative. Our experience and services include:

  • Product liability
  • Contamination
  • Tampering
  • Premises liability
  • Initial Public Offerings (IPO)
  • Environmental issues
  • Labor/employment
  • Permits/licensing
  • Real Estate
  • Financing
  • Franchising/distribution
  • General business/corporate

Asset Protection

Clients turn to Frost Brown Todd for counsel they can trust on some of the most important asset protection issues facing the food and restaurant industry:

  • Regulatory compliance
  • Packaging and labeling
  • Trade secrets
  • Trademark protection and licensing
  • Compliance with state advertising laws
  • Proceedings before the National Advertising Division of the BBB
  • Product disparagement and defamation
  • Sweepstakes and games of chance
  • Use of testimonials and endorsements

Product Liability Issues

Food product claims and issues are a subject of growing interest in the media. We understand the importance of these cases to our food industry clients and work with our clients to not only win cases  but also build a strategy to protect the company from future lawsuits and minimize the negative publicity that can tarnish brand assets. We represent clients in a variety of litigated cases  involving biologically contaminated food, genetically altered food and food allegedly containing foreign objects.

Dispute Resolution

Frost Brown Todd has a long record of success in the courtroom and features many nationally-recognized litigators. We are equally adept at fashioning solutions to problems without incurring the risks and costs associated with courtroom trials. Our trial attorneys regularly resolve disputes out of court, through negotiation, arbitration, mediation, mini-trials and other alternative dispute resolution methods. If a dispute cannot be avoided, we encourage the use of alternative dispute resolution procedures achieving dispute resolution objectives as cost-effectively as possible:

  • Developing innovative defenses for clients as a result of learning a client's business
  • Designing conflict management systems to avoid litigation
  • Preparing and negotiating contracts to limit exposure in the event of litigation
  • Maximizing the likelihood that, if litigation is filed, it will be in a forum selected by our clients
  • Structure effective document retention programs

Responsive Service

Achieving our clients' goals is top-of-mind. From a concise e-mail response to an urgent problem, to placing attorneys in-house at a client's facility, we are dedicated to providing the level of service that our clients find most helpful.

Practice Highlights

  • Serves as national counsel for a distributor of flavorings in diacetyl and acetaldehyde cases
  • Defends food manufacturers in personal injury claims arising from their products
  • Represented national franchises in the genetically modified corn litigation and e-coli litigation
  • Represented international companies in the genetically modified rice litigation