Food & Beverage

Bilzin Sumberg's Food & Beverage Industry team represents companies in national complex litigation, including product labeling and deceptive advertising class actions, antitrust and price-fixing opt out litigation, and franchisor/franchisee disputes. The team also provides counsel to clients navigating the myriad challenges encountered by companies operating in the food, beverage and consumer product sectors, including product recalls, label changes, and investigations instituted by the Department of Justice and other regulatory agencies.

Bilzin Sumberg's primary goal is to protect client business interests through nuanced understanding of their products and challenges, and through coming up with innovative approaches to analyze and mitigate litigation risk. Clients seek out Bilzin Sumberg's Food & Beverage Industry team for their far-reaching experience counseling companies that operate at all levels of the food and beverage supply chain—from manufacturers, distributors, retailers, grocers, and national restaurant owners, to operators and franchises. Bilzin Sumberg’s thought leadership is regularly showcased on The Food Court, the firm's blog chronicling the latest legal developments impacting the food and beverage industry.

EXPERIENCE

Experience

Broiler Chicken Antitrust Litigation for Opt-Out Plaintiffs

Representation of multiple national restaurant chains and a top ten food distributor in an ongoing case against the major producers of chicken in the United States. The chicken manufacturers- who account for more than 90% of all chicken products sold in the country- participated in a decade-long con...

Experience

Defense of Grocery Store Chain in FACTA Class Action

Defense of an American grocery store chain in connection with a nationwide federal class action for violation of the Fair and Accurate Credit Transaction Act (“FACTA”). Plaintiffs alleged the grocery store chain failed to comply with FACTA by printing more than the last 5 digits of consumer credit c...

Experience

Termination of Master Franchise Agreement

Representation of Chilean franchisor in dispute with U.S.-based master franchisee, with territorial rights in Florida, Texas, and California, regarding the termination of a master franchise agreement.

Experience

Holdover Franchisee Litigation

Representation of restaurant franchisors in litigation against holdover franchisees.

Experience

Antitrust Advice on Worldwide Distribution Issues

Counsel to a high-end maker of artisan fruit spreadson navigating antitrust legal issues in various jurisdictions internationally, as part of advice on its global distribution strategy. Also advise client on negotiations with local distributors to ensure compliance with local antitrust and competiti...

Experience

Successful Resolution of Class Action for Supplements Manufacturer

Representation of a hygiene, health and nutrition brand makers of brain performance supplements in defense of a nationwide consumer class action alleging false advertising and label misrepresentation and seeking monetary damages and injunctive relief.

INSIGHTS

Blog July 9, 2024

Potential Impacts of the Federal Reclassification of Marijuana

In May, President Biden announced the Drug Enforcement Administration’s proposed rule reclassifying marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act.

Blog June 18, 2024

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Imi...

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu of the United States District Court for the Northern District of California certified a class of consumers in an action against Barilla Foods. The putative class action alleged that Barilla’s packaging and labeling misled consumers to believ...

Publication November 30, 2023

Consumer Data Collection and Privacy: Best Practices and Risk Mitigation Strateg...

Over the past decade, companies have increasingly turned to the collection of consumer personal data to help them better understand and adapt to the habits, preferences, and needs of consumers, engage in targeted marketing, and gain insight into the broader marketplace—that is, to better compe...

Press Release August 11, 2023

Benchmark Ligation Names Four Partners in Its 2023 40 & Under List

Litigation Partners Kenneth Duvall, Jake Greenberg, and Lori Lustrin have been named in Benchmark Litigation’s 40 & Under list.

Blog November 14, 2022

Eleventh Circuit Revives Putative Class Action Against Burger King for Violation...

In October 2018,a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint againstBurger King Worldwide and Burger King Corporation.Now, more than two years later, the putative class action has been given new life by the Eleventh Circuit.

Press Release August 9, 2022

Lori Lustrin Named in Benchmark Litigation's 40 & Under List

Litigation Partner Lori Lustrin has been selected as a 2022 40 & Under List Award honoree by Benchmark Litigation. The award recognizes the best and brightest law firm partners who stand out in their practices in South Florida.

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