We advise leading food, beverage, and dietary supplement companies and trade associations on the broad range of issues that may arise from product conception through promotion.
Product and Ingredient Safety
We help our clients establish the safety of their products and ingredients, including through GRAS determinations, food and color additive approvals, new dietary ingredient analyses, and assessments of food biotechnology and nanotechnology. Covington attorneys are leading experts on the Food Safety Modernization Act (FSMA) and FDA’s new implementing regulations. When problems arise, our experts help companies navigate through product recalls and market withdrawals with minimal business disruption or damage to brands.
Labeling, Claims, and Marketing Considerations
We help our clients convey the attributes and benefits of their products in a compelling and compliant manner, helping them craft and substantiate health benefit claims, successfully securing FDA-authorized health claims, and analyzing the most advantageous regulatory category for their products – conventional food or beverage, dietary supplement, medical food, or food for special dietary use.
Import and Export
When products are detained at the border, we help secure their release in a timely manner to preserve the marketability of the goods. We also facilitate the export of foods across the globe by helping to secure appropriate export certificates and to ensure compliance with the requirements of the foreign markets.
Global Market Access
Where regulators in various parts of the world attempt to restrict the sale or importation of our clients’ products, we help challenge or defeat restrictions that are not based in sound science, including by leveraging the expertise of our colleagues in our International Trade and global Public Policy and Government Affairs practices.
Enforcement, Litigation, and Legislation
Where enforcement actions or litigation arise, our attorneys successfully represent clients before the FDA, FTC, NAD, and in litigation at the state and federal levels. We also take advantage of legislative opportunities and manage legislative risks, including through our representation of a number of major food and dietary supplement trade associations, for whom we help influence regulatory and legislative policy from a broad industry platform.