Industry

Food and Beverage

Empowering Food and Beverage Innovation and Growth

With our comprehensive support, food and beverage companies navigate innovation, global markets and complex regulations. 

Sheppard empowers food and beverage brands to thrive and expand globally with experience across legal and business challenges. 

Your Partner in Global Expansion and Brand Protection 

The food and beverage industry is among the most competitive, innovative and globally-linked of all business sectors.

Technological innovations are changing the way food is delivered and marketed, how food safety is protected and the industry’s relationship with its consumers. Companies face emerging legislation and rulemaking at federal and local levels that address their workforce, the privacy of their consumers’ information, supply chain and waste, among other issues. 

Sheppard understands your business and can assist you in expanding into the global market and developing new business strategies, while protecting your products and brands along the way. Sheppard counsels food and beverage clients with experienced representation in brand development and protections, product liability, patent, trade secrets, and trademarks, immigration, privacy, regulatory, tax, and labor and employment issues.

Areas of Focus

Advertising and Promotions
We provide guidance on all aspects of new media marketing, from endorsements and viral campaigns to social media, native advertising, consumer-generated content, promotions and the legal complexities of emerging media channels. 
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Corporate Finance/Mergers and Acquisitions
Sheppard assists domestic and international companies with business formation, financing, M&A, capital markets, licensing and joint ventures. Our deep expertise in the food and beverage industry enables us to deliver pragmatic solutions that drive client success. 
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Creditors’ Rights and Bankruptcy
We guide clients through bankruptcy, receivership and creditor assignments to protect rights, minimize losses and maximize claims. Our team also advises on buy-side distressed M&A, ensuring smooth acquisitions of financially challenged targets.  
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FDA and Regulatory Matters
We counsel food, beverage and supplement clients on regulatory matters, from product development and labeling to marketing and claims. Our expertise covers recalls, supply chain security, GMP, and compliance with FDA, USDA and state-specific regulations like California’s Sherman Law.
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Intellectual Property
Clients rely on us to build strong brands, deliver impactful consumer experiences, and address competitive challenges. Our expertise spans trademark, copyright, and patent acquisition, trade secret protection, and combating false advertising through legal action. 
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Proposition 65
We navigate clients through 60-Day Notice responses, Prop 65 compliance and defense against enforcement actions in court. Our support extends to food and beverage manufacturers, suppliers and retailers, including guidance on urgent “retailer safe harbor” exemptions. 
Public Policy and Government Affairs
Sheppard advocates for clients by drafting legislation and lobbying at federal executive, legislative and regulatory levels. Our team keeps clients informed on government proposals nationwide and submits comments to agencies like the Department of Labor, EEOC and NLRB.
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Wine
Sheppard’s wine industry lawyers provide strategic legal solutions for wineries, vineyards and wine brands. From acquisitions and financing to regulatory compliance and litigation, our versatile team helps clients navigate complex challenges, manage risk and achieve business goals. With deep industry expertise and a client-first approach, we deliver practical, tailored counsel to support growth and success in the wine industry. 
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Experience

Representative Matters

Representative Matters

  • Represented Califia Farms, LLC and obtained a complete victory for client Califia Farms, LLC in a published decision issued by the California court of appeal in a consumer putative class action alleging Califia misled consumers related to alleged violations of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act on the grounds that Califia’s tangerine juice product, “Cuties Juice,” stated on its label that the juice contained “No Added Sugar” without complying with other FDA regulations.
  • Represented FAT Brands, Inc. and secured the denial of class certification in in two putative class action lawsuits involving claims brought under Sections 12(a)(2) and 15 of the 1933 Securities and Exchange Act related to the alleged omission of facts from its initial public offering (IPO) offering materials that rendered certain statements in those materials misleading.
  • Represented Save Mart Supermarkets against a putative consumer class action filed in 2020 alleging unlawful price gouging of eggs in California in the wake of COVID-19. After filing a motion to dismiss on behalf of Save Mart Supermarkets, the plaintiff voluntarily dismissed its claims.
  • Represented a large national food distributor and prepared meal distributor in connection with a sophisticated ransomware attack locking up all of their servers and threatening to disclose allegedly confidential information. Obtained favorable result in which no ransom was paid.
  • Represented International Delicacies in a purported class action in the Northern District of California where plaintiffs claimed that the “no preservatives” label statement was deceptive because the product contained citric acid. Plaintiffs’ counsel dismissed sua sponte after substantial litigation.
  • Represented Clif Bar in two “food court” purported class actions which were dismissed by plaintiffs’ counsel sua sponte after substantial litigation.
  • Represented Sonic Drive-In (part of Inspire Brands) in its response to a 2017 data breach, including both notification and in defense of resulting consumer and financial institution class litigation.
  • Represented major nationwide grocery store chain by prevailing on summary judgment in a hotly contested discrimination case where the client was sued for alleged age and national origin discrimination, harassment, retaliation, and wrongful termination.
  • Represented major nationwide food retail store and obtained dismissal of a putative nationwide class action alleging that its label statement that a product was ethically sourced was false and misleading in violation of the California Consumers Legal Remedies Act (CLRA) and Unfair Competition Law (UCL).
  • Represented Love’s Travel Stops & Country Stores, BevMo!, Pinkberry, Mina Restaurants, Blue Apron, Sazerac, Tommy Bahama, Dave & Buster’s, Little Caesars, Domino’s, Pizza Hut, California Pizza Kitchen, Ghirardelli Chocolate Company, Taco Bell, In-N-Out Burger, Kroger grocery brands including Ralphs Grocery, and the Hillstone Restaurant Group against ADA access and website claims.
  • Represented BJ Restaurants, California Pizza Kitchen, Norms Restaurants, Smith Brothers, Landry’s and Nestle in wage hour disputes including class actions and claims for sexual harassment, discrimination and retaliation.
  • Advised Gold Star Foods, Inc. regarding union activity and provided management training on union avoidance.
  • Developed an E-2 Visa program for Noble Foods Inc.
  • Represented Dr Pepper Snapple Group, Superior Grocers, and Whole Foods Markets in EEOC matters.
  • Represented See’s Candies in their new digital media and e-commerce initiatives and software license agreements.
  • Defeated class certification in multiple class actions for a national restaurant chain regarding GMO labeling.
  • Negotiated an innovative global settlement for McDonald’s Corporation in the highly publicized “French fries” litigation brought by vegetarians, Hindus and kosher Jews in California, Washington, Texas, New Jersey and Illinois state courts involving alleged non-disclosure that McDonald’s fries contained beef flavoring.
  • Represented El Tapatio Markets Inc. in the sale of certain of its assets to Bodega Latina Corporation.
  • Represented Noble Food Group, Inc. in its acquisition of substantially all the assets for the operation of thirteen Domino’s Pizza franchise stores from Team San Francisco Pizza, LLC and Team Golden Gate, Inc.
  • Represented Ava Ruha Corporation in its sale of substantially all of its assets to Mill Road Capital, a private equity firm.
  • Represented Native Food Holdings, Burger Lounge, McGregors Craft Beer in leasing and licensing matters for all of their locations.
  • Represented Heitz Wine Cellars and Diagio in the acquisition and leasing of vineyards.
  • Represented Mondelez International and Kraft Heinz’s in the leasing and acquisition of property.
  • Represented Vallarta Food Enterprises, Inc. in connection with a new market tax credit transaction.
  • Represented Leprino Foods in a product defect claim against the manufacturer of 10,000-gallon steel tanks used for the client’s international manufacture of cheese products and provided CEQA compliance for a waste discharge permit.
  • Represented BevMo! in multiple California Proposition 65 Notices and threatened lawsuits related to products sold in their stores.
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