Arent Fox represents manufacturers and distributors of finished human food and animal feed, human food and animal feed ingredients, pet food, and dietary supplements before the FDA and state and foreign regulatory authorities. We advise clients on a wide variety of issues, including product development, regulatory compliance, and litigation.

In product development, we assist clients in developing strategic plans for the introduction of new food and dietary supplement ingredients and in analyzing the options available and the advantages/disadvantages of each. Recent product development-related activities include:

• Advising clients on the regulatory status of food ingredients, including products of biotechnology
• Overseeing toxicological testing of product ingredients and assisting in the review of safety data
• Convening knowledgeable panels to review the safety of food ingredients and product claims

In regulatory counseling, we advise clients on the marketing of foods and dietary supplements – such as proposed labeling, advertising, and promotional materials, including materials for use on websites – to ensure compliance with applicable laws and regulations. Recent regulatory activities include:

• Advising a company on procedures for using the new qualified health claims on conventional food products
• Advising clients on crisis management strategies, including how to respond effectively to adverse publicity concerning product safety or labeling
• Drafting and implementing standard operating procedures to respond to adverse product information, including the coordination of product recalls, market withdrawals, and stock recoveries

Recent litigation-related activities include:

• Coordinating a large products liability claim against a food manufacturer
• Assisting a food distributor in the defense to a product liability claim