Food Processing

Dunlap Bennett & Ludwig’s attorneys understand how labeling risk, operational contracts, and brand protection converge in this industry — and how misalignment in one area can create downstream liability.

We represent a broad range of food industry participants, including the following:

• Packaged food manufacturers and co-manufacturers
• Meat, poultry, seafood, and specialty protein processors
• Beverage producers and bottlers
• Ingredient suppliers and flavor developers
• Private label and contract manufacturing companies
• Food technology and alternative protein companies
• Importers and exporters of finished food products

WHAT WE DO

From intellectual property creation, protection, and exploitation to complex supply chain agreements and litigation, our lawyers offer legal advice designed to withstand commercial pressures and regulatory scrutiny.

Commercial contracts and supply chain risk

• Draft and negotiate ingredient supply agreements, co-packing arrangements, and distribution contracts
• Structure indemnification, insurance allocation, and quality control provisions
• Resolve disputes arising from contamination events, shipment rejections, and performance failures
• Address force majeure claims and supply chain disruptions
• Structure international sourcing and export arrangements

Agricultural supply agreements and raw material contracting

• Draft and negotiate agricultural supply contracts, ingredient sourcing agreements, and forward purchase arrangements
• Structure quality assurance provisions, inspection rights, and indemnification frameworks
• Resolve disputes involving crop failure, contamination events, shipment rejection, and pricing escalations
• Address force majeure and supply interruption claims arising from weather, transportation disruptions, and regulatory embargoes
• Structure co-packing and private label manufacturing arrangements

Product liability and consumer litigation

• Defend against product liability claims involving contamination, adulteration, and foodborne illness
• Represent clients in consumer class actions involving labeling claims, ingredient disclosures, and advertising practices
• Address claims under state consumer protection statutes and false advertising laws
• Develop litigation strategy for “natural,” “organic,” and health-related marketing disputes

Employment and workforce compliance

• Defend wage and hour claims involving overtime, off-the-clock work, donning and doffing, and meal and rest period disputes
• Audit compensation structures for compliance with the Fair Labor Standards Act (FLSA) and state wage laws
• Address independent contractor classification and staffing agency exposure in processing facilities
• Respond to Department of Labor investigations and state workforce agency audits
• Advise on workplace safety obligations intersecting with food production standards
• Develop compliance policies for multi-state production and distribution operations

Intellectual property: Patents, trademarks, trade secrets, and copyright

• Prepare and prosecute patent applications directed to food processing technologies, formulations, and equipment innovations
• Secure trademark protection for food brands, packaging, and product lines
• Devise trade secret protection strategies for recipes, sourcing strategies, and manufacturing methods
• Prepare and negotiate technology licensing agreements, cross-licensing arrangements, and intellectual property provisions in joint venture and joint development agreements
• Prepare patentability opinions, validity opinions, infringement opinions, and freedom-to-operate opinions
• Represent food processing companies in patent infringement litigation, post-grant review proceedings, and trade secret misappropriation actions
• Counsel on intellectual property due diligence in mergers and acquisitions

• Enforce intellectual property rights against counterfeit and copycat products
• Resolve domain name disputes and online brand infringement

Transactions, investment, and growth strategy

• Conduct due diligence in food company acquisitions, including recall history and compliance posture
• Structure joint ventures, private label partnerships, and co-manufacturing alliances
• Support private equity and venture investors in food and beverage platform investments
• Negotiate licensing arrangements and brand expansion agreements