Key Contacts
Related Industries
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Food Safety & Labeling
Downey Brand’s Food Safety and Compliance Group provides comprehensive, full-service support to help clients navigate the often-complicated world of food safety and labeling compliance.
Our food law attorneys have extensive practical experience with issues of daily importance to farmers, ranchers, input suppliers, packers, processors, manufacturers, and grocers, allowing our clients to focus on the weighty demands of their operations.
Our lawyers understand that food safety and labeling are technical, continuously evolving legal fields, and we are active participants, as well as advisors, to industry trade groups, associations, and their members who must deal each and every day with the specific concerns of specialized industries. We regularly interact with the agencies that regulate the industry and the legislative committees that work to determine future laws.
Our food safety compliance lawyers comprehensive approach reflects the reality of today’s Food and Ag industry—a thriving, highly-regulated industry with complex business needs. Our attorneys both advise and litigate on a broad spectrum of issues, including:
- Food Safety Modernization Act and related regulations
- FDA labeling regulations
- Supply contract disputes
- Pesticide residue regulations
- Perishable Agricultural Commodities Act
- Land use and environmental regulations, including Prop 65
- California Department of Food and Agriculture licensing
- Regulatory compliance and administrative disputes, including writ proceedings
- Food processor licensing
- Federal Bioterrorism Act
- License suspension and revocation hearings
- Crop damage
- Water quality
- Wastewater regulation
- International trade
- Product recalls
Our food safety and compliance lawyers understand that ensuring a safe food supply is important to both our clients and their customers, and we work together as a team to ensure that both lives and livelihoods are protected.
Selected Experience
- Draft production and supply contracts for many growers, packers, and processors to ensure compliance with most up-to-date federal and state food safety regulations.
- Provide industry feedback and participate in federal comment process essential to Food Safety Modernization Act (FSMA) implementation.
- Represent food industry clients in false advertising, California Sherman Food, Drug, and Cosmetic Law (Sherman Law), product liability, Business and Professions Code 17200/17500, and Prop 65 cases, including class actions.
Trade Groups
- California Association of Pest Control Advisers
- California League of Food Producers
- California Grocers Association
- California Manufacturers & Technology Association
- CGA Educational Foundation
- California Grain & Feed Association
- Center for Produce Safety
- Food Marketing Institute
- Grocer’s Research and Education Foundation
- National Grocers Association
- Illuminators and it’s Educational Foundation
- Pest Control Operators of California
- Western Growers Association
- Draft production and supply contracts for many growers, packers, and processors to ensure compliance with most up-to-date federal and state food safety regulations.
- Provide industry feedback and participate in federal comment process essential to Food Safety Modernization Act (FSMA) implementation.
- Represent food industry clients in false advertising, California Sherman Food, Drug, and Cosmetic Law (Sherman Law), product liability, Business and Professions Code 17200/17500, and Prop 65 cases, including class actions.
- Represent clients and negotiate settlements for cases brought by local District Attorneys and the Attorney General as part of the Food, Drug, and False Advertising Task Force.
- Represent livestock and egg farmers in actions filed by animal welfare advocacy groups.
- Provide guidance to clients regarding recall procedures, liability, and compliance.
3 Attorneys
John C. McCarron
Partner
Sacramento 916.520.5450
Announcements
2 related items-
March 10, 2022JD Supra Recognizes Two Downey Brand Attorneys as Top Authors in 2022 Readers’ Choice Awards
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December 20, 2017Downey Brand Promotes Four New Counsel
In the News
2 related items-
July 19, 2021Grape Contracts, Wildfire, and Smoke Exposure
Wine Business Daily News -
July 8, 2021Allied Grape Growers, CAWG Release Legal Analysis on 2020 Wine Grape Rejections
Wine Industry Advisor
Speaking Engagements / Events
5 related items-
July 16, 2021Smoke Issues and Grape Contracts
California Association of Winegrape Growers and Allied Grape Growers Webinar -
June 7, 2021Coffee with CGA General Counsel
California Grocers Association's Independent Operators Symposium -
January 17, 2020Coffee With CGA’s General Counsel
Presenter, California Grocers Association's Independent Operators Symposium -
October 17, 2019Managing Risk in the Food Delivery World: Understanding Product Recall
Joint Presentation Hosted by Downey Brand, EPIC, and Berrian Insurance Group -
May 31, 2017; June 7, 2017; June 20, 2017Stay Fresh with the Latest Information on Packaging Law and Design
Co-presenter, The Produce Packaging Seminar
Legal Alerts
16 related items-
August 31, 2020FDA Announces Three-Year Phase-Out of PFAS Used in Food Packaging; FDA Studies Indicate Non-Detectable Levels of PFAS in General Food Supply
Food and Agriculture Law -
April 21, 2020OEHHA’s Proposed “Clarifications” to Proposition 65 Clear and Reasonable Warning Regulations Actually Represent a Significant Change
Environmental Law -
March 13, 2019State Water Board Announces Sweeping Investigation and Phased Sampling of Potential Industrial and Municipal Sources of PFAS
Environmental Law -
February 19, 2019EPA Unveils Its Long-Awaited PFAS Action Plan – Does It Represent Any Progress?
Environmental Law -
November 2, 2018OEHHA Proposes Amendments to Prop. 65 Reproductive Toxicity Sampling Requirements for Food Products; New Prop. 65 Regulations for PFAS Take Effect November 10, 2018
Environmental Law -
September 6, 2018The Latest in the Prop. 65 World: Jury Trials; Inorganic Arsenic in Rice; and the FDA Weighs in on Coffee
Environmental Law -
July 31, 2018Court Determines Breakfast Cereal Currently Does Not Require Prop 65 Warnings
Environmental Law -
June 18, 2018California Proposes Regulation that Proposition 65 Cancer Warnings Are Not Required for Coffee
Environmental Law -
May 23, 2018Winemakers Prevail in Arguing That Providing Current Safe Harbor Warning for Alcoholic Beverages Is Compliant with Prop 65
Environmental Law -
April 4, 2018Tentative Ruling Could Mean You Have to Give A Prop 65 Warning for Every Cup of Coffee You Sell or Give to Consumers
Environmental Law -
March 14, 2018The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides
Environmental Law -
October 5, 2017Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017
Environmental Law -
September 9, 2016OEHHA Adopts Unclear Amendments to the “Clear and Reasonable Warning” Regulations – Exacerbating Proposition 65 Problems
Environmental Law -
June 16, 2016FDA Issues Final Rule Under Food Safety Modernization Act
Food and Agriculture Law -
August 12, 2014New FDA Requirements for Gluten-Free Food Labels
Food and Agriculture Law -
January 2013Comment Period Open for FDA Proposed Rules to Implement Food Safety Modernization Act
Food and Agriculture Law
Publications
31 related items-
November 3, 2021New California Laws Ban PFAS in Juvenile Products and Food Packaging
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October 2021Proposition 65 Notices of the Month – September 2021: Fenugreek, Psyllium Husk Powder, Beet Powder, Stuffed Grape Leaves, Ceramics and Plastic Bags, Pouches, and Tool Grips
Proposition 65: Trends and Highlights in September 2021 -
September 2021Proposition 65 Notices of the Month – August 2021: Plastic Consumer Products and Components, Tortilla Chips, Banana Chips, Almond Butter, Canned Fruit, and Sanitizers
Proposition 65: Trends and Highlights in August 2021 -
August 2021Proposition 65 Notices of the Month – July 2021: Protein Powders, Tea, Molasses, Hand Sanitizer, Sunscreen, CBD Oil, Receipt Paper, and Plastic Face Shields
Proposition 65: Trends and Highlights in July 2021 -
July 2021Proposition 65 Notices of the Month – June 2021: Peppermint Extract, Salted Plums/Saladitos, Canned Fruits, Seaweed & Seafood, Pliable Plastics, and Withdrawal of Wood Dust Notices
Proposition 65: Trends and Highlights in June 2021 -
June 2021Proposition 65 Notices of the Month – May 2021: Notice Activity Rebounds; Plaintiff Groups Target Tools that Generate Wood Dust, Makeup, Plastic Products, Sunflower Seeds, and Fruits/Vegetables
Proposition 65: Trends and Highlights in May 2021 -
May 2021Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide and Heavy Metals, and in the Number of Consumer Product Notices for Phthalates
Proposition 65: Trends and Highlights in April 2021 -
April 21, 2021Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen
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April 2021Proposition 65 Notices of the Month – March 2021: Plastic Consumer Products, Fruits & Vegetables, New Chemical Pulegone in Peppermint Extract, and Relief for Acrylamide Claims
Proposition 65: Trends and Highlights in March 2021 -
March 2021Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic Products Targeted by Plaintiff Groups
Proposition 65: Trends and Highlights in February 2021 -
February 2021Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic Products Targeted by Plaintiff Groups
Proposition 65: Trends and Highlights in January 2021 -
January 2021Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds of Different Products Including Plastic Bags & Cases, Baby and Toddler Foods, Seafood, Roasted Snack Foods, Leafy Green Vegetables, and Cosmetics
Proposition 65: Trends and Highlights in December 2020 -
December 2020Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights – All Targeted by Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in November 2020 -
November 2020Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet Sets, and, As Always, Acrylamide in Snack Foods, and Phthalates in Plastics
Proposition 65: Trends and Highlights in October 2020 -
October 2020Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic Bags, Other Notices Target Personal Care Products
Proposition 65: Trends and Highlights in September 2020 -
September 2020Proposition 65 Notices of the Month – August 2020: Leafy Greens, Crackers, Fishing Weights, Shaving & Bath Gel, Mascara, Plastic Cases & Purses, Dietary Supplements and Bamboo Pillowcases
Proposition 65: Trends and Highlights in August 2020 -
August 2020Proposition 65 Notices of the Month – July 2020: Notices Decline for Acrylamide in Snack Foods; Chocolate, Canned Goods, Dietary Supplements, Seaweed, and Seafood Noticed for Lead & BPA; Phthalate Notices for Plastic Bags and PVC Plastics Continue In Large Quantities
Proposition 65: Trends and Highlights in July 2020 -
July 2020Proposition 65 Notices of the Month – June 2020: Over 70 Seafood Products, Chips, Pretzels, Bread, Popcorn, Cookies, Dietary Supplements and Wheel Chair Components Attacked by Citizen Plaintiffs as COVID-19 Summer Begins
Proposition 65: Trends and Highlights in June 2020 -
June 2020Proposition 65 Notices of the Month – May 2020: Seafood, Waffles, Nut Products, Canned Goods, and Boxing Gloves Targeted by Plaintiffs in Third Month of COVID-19 Pandemic
Proposition 65: Trends and Highlights in May 2020 -
May 2020Proposition 65 Notices of the Month – April 2020: Plaintiffs Target Various Food Products Including Vinegars, Baby Food Pouches, Teething Wafers, Seaweed and Seafood Products Amidst the COVID-19 Pandemic and California Court Closures
Proposition 65: Trends and Highlights in April 2020 -
April 2020Proposition 65 Notices of the Month – March 2020: Plaintiff Groups “March On” and Send Hundreds of Notices of Violation During the COVID-19 Shelter-in-Place Orders
Proposition 65: Trends and Highlights in March 2020 -
March 2020Proposition 65 Notices of the Month – February 2020: Lead, Arsenic and Cadmium in Seaweed, Shrimp & Dietary Supplements, New Plaintiff Group Targets Baked Goods and Roasted Nut Products
Proposition 65: Trends and Highlights in February 2020 -
February 2020Proposition 65 Notices of the Month – January 2020: Arsenic, Cadmium and Lead in Seaweed & Seafood Products, Acrylamide in Toasted Corn, and Cadmium in Spinach
Proposition 65: Trends and Highlights in January 2020 -
January 20202019 A Creative Year for Proposition 65 Plaintiffs – Acrylamide in Ice Cream Cones, Cadmium and Lead in Seaweed, Furfuryl Alcohol in Hamburger Buns, and Chromium in Leather Work Gloves and Baby Powder
Proposition 65: Trends and Highlights in 2019 -
December 2017Coffee Debate is Coming to a Close: A Prop. 65 Legal Battle that has been Brewing for Years May Finally be Resolved
California Grocer, Issue 6 -
August 2016GMO Labeling: Coming Soon To California and the Rest of the Country
California Grocer, Issue 4 -
September 2015Failure to Follow WIC Stocking Requirements Can Endanger Your Program Status
California Grocer, Issue 4 -
February 4, 2014California Court Rules Consumers Cannot Privately Sue To Enforce Organic Food Labeling Laws
California League of Food Processors’ Newsletter -
October 2013A New Twist of False Advertising Lawsuits
California Grocer, Issue 5 -
September 1, 2013Food Safety: Inspections, Compliance Strategy and Opportunities for Comment
Practical Winery & Vineyard -
September 2014The Food Safety Modernization Act: Impact on Food Importation
California Grocer, Issue 4