Food and Agriculture

Ober|Kaler's Food and Agriculture Group is one of the nation's most formidable legal teams in the industry. We are a critical partner to large corporations and small businesses; political action committees; farmers, farmer representatives and farming cooperatives; trade associations and coalitions doing business in this highly regulated arena.

While Ober|Kaler is well-known for its success in representing clients from the dairy industry, the practice's reputation for thorough and highly credible representation in antitrust, food labeling and waste hauling has made it a respected force in administrative law, constitutional issues, litigation and transactional matters. The broad range of clients we have helped represent varying areas of food production, including soups, non-dairy beverages, dairy products and meat. We regularly appear before the United States Department of Agriculture (USDA) on issues related to marketing, before Congress and congressional committees as they weigh legislative initiatives, and before state and local regulatory bodies.

With increased attention resulting from high-profile domestic and overseas food safety events, the nation's growers, food and dairy production facilities and transportation companies are finding themselves subject to tighter controls and heightened scrutiny of their operations. Our attorneys have the background and knowledge to help clients comply with changing production and inspection guidelines and we understand the regulations that impact their business.

This experience also extends to new and evolving Food and Drug Administration (FDA) regulations on food labeling and issues relating to biotechnology advances. We represent clients in both national and international disputes involving the synthetic recreation of the recombinant Bovine Somatotropin (rBST) hormone in dairy cows to increase milk production. We also are experienced in issues relating to cloning as well as the labeling and marketing of products as "organic."

Our Food and Agriculture attorneys represent clients in state and federal jurisdictions across the U.S. We handle a variety of cases, including:

  • USDA, FDA, Customs and other regulatory agency matters
  • GATT and NAFTA limitations
  • Food safety and plant inspections
  • Business Commerce Clause and Preemption issues
  • Antitrust, price-fixing and market allocation
  • Mergers, acquisitions and consolidations of businesses
  • Food labeling
  • Biotechnology and food from cloned animals
  • Advertising and marketing
  • Licensing
  • Government oversight and First Amendment issues


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