From farm to table, every stage of the production and distribution cycle involves regulations that intersect with business strategy. To help you mitigate risk, respond to challenges, and capture opportunities, the lawyers of Hogan Lovells combine insiders’ knowledge with hands-on practical advice.
We help you anticipate, shape, and comply with regulations from numerous agencies at the national, state, and local levels, assessing and implementing strategies that are both in compliance and advancing business objectives.
Below are some of the ways we are here to help you.
Food and Beverages
The food and beverage team at Hogan Lovells represents some of the largest names in the industry.
We anticipate the developments that may have an impact on your operations and are at the forefront of these issues. The rise of global consumer markets. Increased regulation in labeling and processing. Effective promotion. Supply-chain complexity. Production, packaging, and new ingredient approvals. Distribution and retailing. Recalls and health, safety, and environmental concerns. We are with you each step of the way.
We give practical and creative advice on a national and global level. Our teams can help you create an active compliance culture, expand your product offerings, and find creative solutions to regulatory requirements so that you are strategically positioned for the future.
Food Compliance and Enforcement
Receiving word of a government enforcement action is alarming. The right support is critical.
The lawyers at Hogan Lovells help food companies deal with Warning Letters, detentions, seizures, and suspensions of registration. We handle all types of food compliance and enforcement. If you’ve had a bad inspection, if the government has identified a problem with your facility, if a state samples your product and finds a pathogen, or if an outbreak related to your product occurs, we can help.
We know what enforcement tools are likely to be used against you and how to interact with regulators and present your case.
Food Labeling and Advertising Regulation
The labeling and promotion of your food or beverage product is subject to more scrutiny than ever. Strategy is key. The last thing you need is a Warning Letter or other enforcement action — or risk a class action claim.
The food lawyers at Hogan Lovells help you safely and effectively market your products, including advising on beneficial health, nutrition, ingredient, production, and other claims.
Our lawyers not only understand the regulations, but have also been intimately involved in writing them. We understand the food science behind them, too.
We help prevent problems before they arise. And with the support of litigation colleagues, we have your litigation needs covered as well.
Food Legislation and Regulatory Policy Development
Food industry companies and trade associations want to help shape and understand regulations and policy.
We have been involved in virtually every major food regulatory initiative of the past three decades, helping to develop and interpret legislation and policy, including FDA’s new food safety law (FSMA) and nutrition labeling requirements. Our lawyers include veterans of FDA. Together, we know the decision makers and the decision procedures inside out.
We effectively draft legislation, assess proposed legislation, develop amendments, draft congressional testimony, write comments for proposed regulations and guidance documents, and more.
A food recall is a crisis. But with the right strategy, you can protect your business and mitigate the risk of an enforcement action.
The lawyers at Hogan Lovells can help. We guide you on how to interact with regulators, including USDA, FDA, and state authorities. We determine if, what, and how to recall a product, whether you need to file a report to the Reportable Food Registry, and how best to work with authorities.
We also help you preserve your reputation, keeping all parties within your company aligned. In addition, we can help find the root cause of the problem and help put procedures in place to keep it from happening again.
International Regulatory Compliance
You operate as part of a global supply chain. In a growing global market. Issues that require your attention can happen anywhere, at any time.
We respond to regulatory issues around the world. We translate, assess, and advise on cross-border regulatory issues — including directives and regulations in the EU, Asia, and South America — to help you compete while minimizing compliance risks.
With former members of the U.S. House of Representatives, the European Commission, and the Legislative Affairs Commission of the Chinese National People’s Congress on our team, our knowledge and contacts help your company handle issues wherever they arise.
Medical Foods and Dietary Supplements
Medical foods and dietary supplements are technically foods, not drugs. But different rules around safety, labeling, and manufacturing apply. It can be challenging to keep up.
The food lawyers at Hogan Lovells have the experience and knowledge to help. Whether your company manufactures medical foods or dietary supplement ingredients or uses them in products, we know how to guide you.
We help assess the regulatory status, safety, and compliance of your products — and address any problems. We advise companies on issues arising under the Dietary Supplement Health and Education Act, the Federal Trade Commission Act, and other related laws. When your products require specific guidance, you can trust our group to have what you need.
Product Development and Approval
Creativity and innovation drive new products because success in the marketplace requires bringing originality to the table. But making sure your product complies with the rules and regulations is equally important.
That’s where we can help. We advise on your product formulation, ensuring each ingredient is acceptable for use. We can also help you get ingredients approved by FDA. Our lawyers can think strategically about how you create, develop, and describe the benefits of your product so you can achieve your business goals.
Trade Association Governance
Trade associations handle a host of legal and governance issues, often without in-house legal resources.
Our team at Hogan Lovells serve as general counsel to many trade associations. We deftly advise on the policy issues and day-in and day-out business matters.
Succession management. Employee leadership development. Employee terminations. Contracts. Tax law. And antitrust compliance.
We counsel on how to lobby Congress without losing your tax status. How to raise money to give to political campaigns. How to handle an audit. Raise money for research. We also help clients work together with coalitions.
Consumer Product Safety Regulation
Learning that a product is potentially defective or harmful is extremely stressful. What are your obligations? And when are they triggered?
We can help you to quickly determine if you need to file a report with CPSC, how, what it should say, and what kind of corrective actions may be necessary. We have more than 20 years of experience advising on consumer protection regulations, including labeling requirements, certificates of conformance, testing programs, and reporting obligations. We can help you understand the impact of safety regulations on your business, how to develop programs to reduce the risk of violations, and what to when problems occur.
With our help, you can effectively carry out your critical mission with confidence.