Enforcement & Litigation

An unfortunate reality of doing business in food and agriculture is the threat of enforcement actions or litigation. OFW’s attorneys have decades of experience in defending clients in USDA, FDA and EPA enforcement actions, administrative hearings, and federal and state courts, at both the trial court and appellate levels. We regularly:

• Advise our clients on responding to FDA Warning Letters and Notices of Violation as well as FSIS Notices of Intended Enforcement and Notices of Suspension. When necessary, we advocate on our client’s behalf with the U.S. Department of Justice to avoid or mitigate civil and criminal actions stemming from warning letters and notices.
• Represent clients in administrative enforcement actions initiated by FDA and USDA, including actions initiated under the Food, Drug and Cosmetic Act, Federal Meat Inspection Act, Poultry Products Inspection Act, Packers and Stockyards Act, Perishable Agricultural Commodities Act, Agricultural Marketing Act, Organic Foods Production Act, Animal Health Protection Act, Virus-Serum Toxin Act, and the Animal Welfare Act. Whether the matter is amenable to a negotiated consent decision or needs to be adjudicated before an Administrative Law Judge, OFW’s attorneys provide vigorous advocacy and valuable insight based on decades of experience.
• Represent food and agriculture clients in trial court and appellate litigation in both federal and state courts on an array of regulatory matters. We also serve our clients by partnering with our client’s litigation counsel to provide expertise and industry insight.