Christopher Cain at Foley & Lardner LLP

Trademark Primer: Proactive Strategies for Avoiding Disputes and Consumer Confusion

Trademark disputes can be time-consuming and costly. By proactively assessing risks and taking steps to avoid infringement, emerging companies save time and money. At the crux of most trademark disputes is the claim that...more

3/28/2024 / Infringement , Trademark Application , Trademark Registration , Trademarks

My Healthy Food Product is Ready to Go to Market – What About its Packaging?

After formulating an exciting new healthy food or beverage, the packaging it comes in may feel like an afterthought. It should not be. Food packaging has become an increasingly hot topic among federal and state regulators,...more

3/15/2024 / Beverage Manufacturers , Code of Federal Regulations (CFR) , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Food Manufacturers , GRAS , Green Guides , PFAS , Product Packaging , Recycling , Sustainability

Understanding the Risks Associated with Social Media Marketing

Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

2/29/2024 / Advertising , Corporate Branding , Disclosure Requirements , False Advertising , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , FTC Endorsement Guidelines , Influencers , Marketing , Popular , Risk Management , Scientific Evidence , Social Media , Targeted Digital Advertising , Transparency

Primer on Navigating VC for Growth in the Healthy F&B (Food & Beverage) Space

Venture capital can be a vital source of funding and support for emerging companies in the healthy food and beverage space. In addition to providing capital, venture capitalists may offer strategic guidance, networking...more

2/15/2024 / Beverage Manufacturers , Business Plans , Corporate Governance , Early Stage Companies , Emerging Growth Companies , Food Manufacturers , Intellectual Property Protection , Investors , Private Equity , Restaurant Industry , Seed Financing , Startups , Venture Capital

Contract Manufacturing Primer for Emerging Healthy F&B Companies

A contract manufacturer (also known as a “co-man” or “co-packer” and for brevity, we’ll use “co-man” from here on out) is a critical partner for most emerging companies in the healthy food and beverage (F&B) space. The...more

1/19/2024 / Beverage Manufacturers , Business Strategies , Consumer Product Companies , Contract Negotiations , Emerging Growth Companies , Food Manufacturers , Marketing , Product Packaging

Brand Selection Primer for Emerging Healthy F&B Companies

Branding is critical for emerging companies in the healthy food and beverage (“F&B”) space. Strong brands can help companies stand out from competitors and build trust and loyalty with customers. For emerging companies, a...more

1/5/2024 / Arbitrary Marks , Brand , Descriptive Trademarks , Fanciful Marks , Investors , Startups , Suggestive Marks , Trademark Registration , Trademarks

M&A Primer for Emerging Healthy F&B Companies

As an emerging growth company in the healthy food & beverage (F&B) space, you might rightfully think, “My company is too young to consider either buying another company or selling to another company.” And depending on what...more

12/14/2023 / Acquisitions , Beverage Manufacturers , Corporate Branding , Distribution Rules , Food Manufacturers , Innovation , Mergers , Reputation Management , Research and Development , Technology Sector

Who Regulates My Product?

In the world of healthy food and beverages, a crucial first step towards bringing a new product to the crowded U.S. market is identifying and understanding the regulatory authorities that oversee your product. This is not...more

11/30/2023 / Advertising , Alcohol Beverage Control , Beverage Manufacturers , Federal Food Drug and Cosmetic Act (FFDCA) , Federal Meat Inspection Act (FMIA) , Federal Trade Commission (FTC) , Food & Drug Regulations , Food and Drug Administration (FDA) , Organic , TTB , USDA

IP Primer for Emerging Healthy F&B Companies

Intellectual property protection is essential for emerging companies in the healthy food and beverage (“F&B”) space to attract investors and stand out from competitors. To gain a competitive edge, companies should understand...more

11/10/2023 / Beverage Manufacturers , Copyright , Food Manufacturers , Intellectual Property Protection , Patents , Trade Secrets , Trademarks

Post-COVID M&A Transactions Guidebook

The COVID-19 pandemic has had far-reaching effects to date, including economic uncertainty and widespread business interruptions. This environment may raise unique considerations for parties contemplating an M&A transaction....more

10/9/2020 / Alternative Fee Arrangements , Alternative Financing and Procurement (AFP) , Business Interruption , CARES Act , Coronavirus/COVID-19 , Data Privacy , Department of Justice (DOJ) , Due Diligence , Families First Coronavirus Response Act (FFCRA) , Federal Trade Commission (FTC) , Investment Banks , IRS , Loan to Own , Mezzanine Lenders , Representations and Warranties Insurance