Food Law

Congress’ passage of the Nutrition Labeling and Education Act of 1990, which made significant amendments to the Federal Food, Drug and Cosmetic Act of 1938, made major changes in laws applicable to the food industry and pre-empted many previously applicable state laws.  Nevertheless, numerous state requirements continue to apply to the food processing industry and the growers of raw agricultural commodities on which food processors rely for supply.

During the past five years alone, major changes have taken place in the laws peculiarly applicable to the food industry, and consumers’ legitimate concerns about their daily diets (from the perspectives of both nutrition and food safety) will cause even greater changes in the years to come.

The firm’s food law practitioners have been deeply involved in these and other changes that have occurred in the law and, indeed, assisted in shaping some aspects of the U.S. Food and Drug Administration (“FDA”) regulations adopted to implement the new federal legislation.  Through their representation of both individual companies and a major international trade association in matters before the FDA, the Florida Department of Citrus and the Florida Department of Agriculture and Consumers Services, these lawyers have gained hands-on experience in assisting the firm’s food industry clients.  The matters handled have ranged from food safety issues involving pesticide residues, to matters related to the compositional requirements for particular foods under state and federal standards, to interpretation of labeling requirements, to the propriety of various company or product claims made in advertising.  As the scope of the food industry’s market became more global, they also gained valuable experience in matters involving the U.S. Customs Service, such as country-of-origin marking requirements, and tariff classifications and duties applicable to imported food products.

The firm’s lawyers have been involved in this area of practice on almost a daily basis since participating from the outset in lengthy hearings and negotiations before the FDA in the early 1960s which resulted in the adoption of federal standards of identify for various types of orange juice, one of Florida’s major products.  Their experience often enables them to assist a client in a regulatory confrontation or a lawsuit.