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FOOD, BEVERAGE & AGRICULTURE

Nixon Peabody’s leading Food, Beverage, and Agriculture team has a national, cross-disciplinary platform. We advise clients across all segments of the industry—from farm to factory to consumer. We offer a wide range of services, including:

  • Brand Management
  • Labor, Employment & Benefits
  • Land Use & Environmental
  • Construction Contracts & Project Finance
  • Mergers & Acquisitions
  • Securities & Corporate Finance
  • Distribution Contracts

  • Beverage Alcohol Regulatory Compliance
  • Wage-Hour Compliance
  • Food Safety and Products Liability Litigation
  • Franchising
  • Private Equity
  • Sustainability

We have a deep team focused on clients across all segments of the industry—from manufacturers of branded goods to agribusinesses to retail chains to sources of capital. Our team has been involved in some of the largest and most complex matters in the industry over the past decade, including:

  • Represented a major secured creditor in the reorganization and sale of SUPERVALU’s Albertsons, Acme, Jewel-Osco, Shaw’s, and Star Market stores to an investor group led by Cerberus Capital Management LP.
  • Represented Apollo Food Group LLC, producer of Yasso Frozen Greek Yogurt, in its debt and equity financing as the company expands its product distribution. Launching in 2011 as the first-ever line of Frozen Greek Yogurt Bars and Smoothies, Yasso has quickly become one of the fastest-growing brands in the frozen novelty category with current distribution at 12,000 retail locations nationwide.
  • Advised Constellation Brands in a revised agreement with Anheuser-Busch InBev that makes Crown Imports a fully owned entity of Constellation through a complete divestiture of Grupo Modelo’s U.S. business. The transaction has been called “a game changer” by the media and is one of the largest M&A deals of 2013.
  • Advising Felda Global Ventures, one of the largest palm oil producers in the world, on North American issues relating to its IPO on the Malaysian stock exchange – the second largest IPO in the world in 2012, after Facebook.
  • Representing Vermont Hard Cider Company, maker of Woodchuck Hard Cider, on its sale to C&C Group, an Irish public company that owns a portfolio of beverage brands like Magners and Hornsby’s.
  • Counseling Kozy Shack, a 40-year, family-owned manufacturer of premium dessert products, through its sale to a strategic player in the food industry.

Food and beverage industry players from around the world rely on Nixon Peabody for comprehensive, practical advice on a broad spectrum of legal issues.

Thought Leadership/Alerts

California's green chemistry regulations of consumer products inch closer to completion
Products: Class Action, Trade & Industy Representation Alert | April 16, 2013

Seller beware: merchants with stores that request zip codes may face consumer class actions after recent Massachusetts Supreme Judicial Court ruling
Class Action Alert | April 11, 2013

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The Ministry of Trade of Indonesia limits growth of food and beverage franchises
Franchise Alert | February 26, 2013

FDA registration renewal required — must be submitted by January 31
Beverage Alcohol Brief | January 10, 2013

State legislature passes bill that would allow California residents to participate in alcohol-related sweepstakes and contests
Beverage Alcohol Brief | September 4, 2012

The FDA bans Bisphenol A in baby bottles and children's cups—the attention may now turn to other products
Products: Class Action, Trade & Inidusty Representation Alert | July 19, 2012

Allergen labeling in wine: compulsory regulations imminent in the European Union—will the U.S. be next?
Beverage Alcohol Brief | June 26, 2012

Lightweighting wine bottles: an eco-friendly trend becomes mandatory in Ontario
Beverage Alcohol Brief | June 5, 2012

Bagging the bag: managing compliance with laws that limit the use of carryout bags
Legally Green Alert | March 2, 2012

Counting calories — FDA proposes labeling requirements for restaurants, retail food establishments and vending machines
Franchise Law Alert | April 11, 2011

Food Safety Legislation Signed Into Law
Food Safety and Litigation Alert | January 6, 2011

Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements

Employment Law Alert | December 20, 2010

The U.S. Food and Drug Administration Releases a Comprehensive Preliminary Assessment on the Regulation of Medical Devices
FDA Alert | August 4, 2010

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Press

Media Clips

    • Federal Regulations Proposed for Updated Food Safety System
      Rochester Business Journal | February 15, 2013

      Rochester Global Business & Transactions partner Jeff LaBarge, a member of the Food, Beverage and Agriculture team, authored this column. Click here to read the full article.

    • New ‘Green Guides' Set Rules for Environmental Marketing
      Rochester Business Journal | November 23, 2012

      This column, co-authored by partner Jeff LaBarge, Chief Sustainability Officer Carolyn Kaplan, and associate Alison Torbitt, discusses new “Green Guides” from the Federal Trade Commission.

    • JOBS Act May Help Startups to Access the Capital They Need
      Rochester Business Journal | June 8, 2012

      Rochester Global Business & Transactions partner Jeff LaBarge and Rochester Public Company Transactions associate John Moragne discuss the Jumpstart Our Business Startups (JOBS) Act.

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    Events