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As a leading law firm with decades of experience representing the interests of food and beverage clients, Winston has a dedicated multinational and cross-disciplinary team of attorneys that focuses on the unique and varied ways in which laws, regulations, and market forces impact our clients in this sector.
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Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
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Product Liability & Mass Torts
Major multinational companies trust Winston to defend their products and reputations in high-profile, high-stakes product liability and mass tort claims. Our Product Liability & Mass Torts Practice is one of the industry’s most seasoned, with a deep bench of experienced lawyers and a unique combination of extensive trial experience and expansive technical knowledge.
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|January 24, 2025
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Speaking Engagement
|May 9, 2025
Join Winston & Strawn partners M. Imad Khan and Keerthika M. Subramanian for the upcoming online program “Hot Topics in International Arbitration and Strategic Transactions: Recent Developments and Key Trends in India” hosted by the Practising Law Insititute.
Speaking Engagement
|April 1, 2025
Rand Brothers Discusses Microplastics: Regulation, Litigation, and Emerging Trends
Winston partner Rand Brothers will join panelists for a virtual discussion on “Microplastics Regulation and Litigation: Emerging Trends, Significant Cases, Key Takeaways” on April 1, 2025, at 1pm EST. This webinar will delve into the latest trends in microplastics litigation, government initiatives, and insurance implications, offering valuable insights for stakeholders to navigate these emerging challenges.
Client Alert
|March 31, 2025
|2 Min Read
When is Your Patent Yours, and When is It Yours to Lose?
In a recent March 17, 2025 summary judgment order, federal district court Judge Georgette Castner in the District of New Jersey invalidated a patent that had been filed before the 2011 America Invents Act (AIA) upon finding that a key feature of the invention, a pressure-activated cooling composition, had been created in a foreign factory rather than by the sole inventor named in the patent. Under pre-AIA 35 U.S.C. § 102(f), “[a] person shall be entitled to a patent unless . . . he did not himself invent the subject matter sought to be patented.”
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Law Glossary
The area of nutrition claims law deals with the regulations and violations related to listing the nutrient content of products, as well as making nutrient content claims. Food labeling guidelines are normally handled by the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). The FDA does provide rules for those who do the food labeling. A Nutrition Facts label is required on most food packages that have labels. In some cases, food and dietary supplement claims are regulated by law or through the FDA. One area of nutrition claims law involves the class action lawsuits filed by consumers to challenge a label claim.
Law Glossary
The FDA stands for the Food and Drug Administration. It is a federal agency charged with protecting the public by regulating the safety and security of drugs, biological products, veterinary medications, and medical devices. FDA responsibilities also cover the safety of: foods for U.S. consumers, cosmetics, animal feed, and radiation-emitting products. Various rules may be established and enforced by the agency in response to U.S. laws or presidential executive orders.
Law Glossary
Companies make flavor claims and place them on food labels. When companies list taste claims, they must use the correct terms when describing flavors. The FDA even defines how taste claims and flavor labels are used in marketing. If a flavor is improved or created by the addition of other ingredients, then an explanation of this is required. For example, “cherry” is used to describe a flavor that comes from real cherries. However, “cherry-flavored with other artificial flavors” might be needed if a blend of flavors was used.