Food Industry

Litigation and Regulatory Counseling Experience

• Representing a microwavable sandwich seller against a putative class action based on alleged slack fill.
• Representing a cheese importer against a putative class action based on “natural” labeling claim.
• Defending a convenience food franchisor against a food poisoning claim.
• Counseling a food flavoring manufacturer in a commercial breach of warranty dispute with a berry supplier.
• Representing and advising a food manufacturer in connection with a nationwide recall of frozen food product alleged to be contaminated with salmonella.
• Defending a food manufacturer in a nationwide class action related to the sale of food containing partially hydrogenated oil (trans fat), resulting in dismissal with prejudice.
• Representing a food manufacturer in state and federal courts in cases alleging respiratory illness as a result of exposure to food flavoring.
• Defending a food manufacturer in federal and state courts in cases alleging foodborne illness and foreign object contamination.
• Defending a class action for a food establishment cited as the point of origin of a Hepatitis A outbreak.
• Defending a wrongful death claim that resulted in summary judgment on behalf of a local seafood restaurant whose customer contracted a rare viral infection after consuming a raw oyster.
• Defending a major agricultural and food company against allegations that its product caused personal injury because it was unfit for human consumption and adulterated.
• Handling a contaminated bulk cheese case for a major packaged food company. The allegation was regarding the delivery to a major pizza food chain of bulk cheese that had been contaminated with chlorine.
• Counseling a cheese distributor in connection with a recall conducted by its supplier.
• Assisting a large commercial cooking operation in a very significant air permitting matter.
• Counseling on EPA matters with respect to food producers and cooking operations, involving both air and wastewater emissions.
• Representing a dairy farm in connection with USDA and EPA regulatory compliance requirements.
• Defending an egg farm in an EPA enforcement action arising out of a claim of improper discharge of wastewater into a stream.