Course: Legal and Regulatory
Description
This section includes legal, certification, and regulatory information for the entrepreneur in starting their food or beverage company.
Lessons
Starting Your Business
- What are the basic administrative steps of starting a business? When should legal counsel be involved?
- What services does a small business law firm offer to entrepreneurs in terms of starting a business? Can you help with my business plan?
- What factors should I look for when finding a lawyer to help me start my business?
- What do I need to have prepared before meeting with a small business lawyer for the first time?
- What are some common issues that arise when you’re working with entrepreneurs/new businesses?
- What are the types of business structures an entrepreneur can choose from?
- What types of business structures are most beneficial to early stage entrepreneurs?
- What types of licensing and permits are required for the various business entities on the local, state, and federal level?
- Where can I learn more about local, state, and federal laws which pertain to my business?
- What would the fines be if I didn’t have permits? What are the repercussions in the future? Is there a grace period?
- Do most small business lawyers charge a flat fee or by the hour for matters like forming a corporation?
- Could you give me an example of a cost structure and what would be included?
- On average, how much would it cost to get an attorney to get my business started?
- Do most small business lawyers charge a flat fee or by the hour for matters like forming a corporation?
- Could you give me an example of a cost structure and what would be included?
- On average, how much would it cost to get an attorney to get my business started?
- What kinds of documents need to be filed at the local, state, and federal level prior to starting my business?
- How do I file the name for my business?
- Do I need a lawyer when registering my business for federal and state tax identification numbers?
- Are small business lawyers familiar with tax rules and regulations or should an entrepreneur seek a separate tax attorney?
- What are some tax regulations/benefits I should be aware of as a small business?
- What types of insurance are recommended for a small packaged food or beverage business?
Contracts
- What are some issues that can arise between employers and employees that I would need to have a formal contract on?
- What are some instances where I would need to consider making a legal contract between the company and manufacturers, distributors, vendors, etc.?
- What are some points I should consider when drafting contracts between my company and the different entities I work with?
Intellectual Property
- Do I need to draft an NDA for my business plan when approaching investors?
- What are my options for protecting the ideas of my packaged food or drink product?
- Can you explain each option? (trademark, copyright, patent, trade secret?)
- What are the positives and negatives of applying for a copyright, patent, trade secret?
- Do I have to use my certifier’s logo on my product?
- I’ve seen many different type of Organic labels, what’s the difference between USDA Organic and Oregon Tilth for example?
- What options are there in regards to labeling my product organic?
- What are organic compliant flavors
- I’ve decided to include an ingredient that hasn’t been used in an organic beverage before, what are my options?
- What is an Organic System Plan?
- How often will I change my Organic System Plan?
- Will I be billed for changes to my Organic System Plan?
- Should I consider a legal counsel when labeling a product as Organic?
- What is a trademark?
- How do I obtain a trademark?
- Should I consider having a third party complete the trademark process?
- I’ve seen very low priced filing options online, are they reliable?
- What can go wrong when filing for a trademark?
- What is the general outcome of the trademark application process?
- Is there a method to finding existing trademarks?
- What is a trademark?
- How do I obtain a trademark?
- Should I consider having a third party complete the trademark process?
- I’ve seen very low priced filing options online, are they reliable?
- What can go wrong when filing for a trademark?
- What is the general outcome of the trademark application process?
- Once I obtain a trademark on my beverage, can I license it out to other potential bottlers/distributors?
- Is it possible to lose a trademark?
- Should I register my trademark globally?
- If I find someone using something I trademarked, what are my options?
- Can I obtain a patent on my beverage?
- What’s the difference between a ™ and ®?
- Is there a method to finding existing trademarks?
- What's the difference between the FDA and FTC?
- What's the difference between the FDA and USDA?
- What does “competent and reliable” scientific evidence mean?
- What's required by the FDA and FTC in order to substantiate a claim?
- How does the FDA review claims?
- Will the FDA review my web site, advertising, or marketing materials?
- What type of claims need to be certified? (referring to organic, gluten free, etc)
- What are Current Good Manufacturing Practices? And what are my obligations to follow them?
- How often does the FDA conduct inspections?
- What happens during an FDA inspection?
- What are companies' rights during an FDA inspection?
- What happens at the end of an FDA inspection?
- What can happen if I'm not in compliance? (warning letters)
- And what do I do if I get a warning letter?
- What exactly does “labeling” refer to? Is it just what's on my product?
- When should I use a nutrition panel vs. a supplement facts panel?
- How do I create my nutrition or supplement facts panel?
- What can I put in my product? What does GRAS mean?
- What's the difference between a food product and a supplement?
- What type of claims can I make on my label?
- Should I include warnings on my product (just in case)?
- Can I label my product “all natural” or “organic”?
- What is the FTC's role and how should I be aware of it?
- How do I need to substantiate my marketing claims? What are the requirements?
- Can I say things like “the best” or “the leading”?
- I want to make statements about my product/company's “green” behavior. How can I do this? Are there regulations?
- What are the typical legal issues that a beverage company deals with and how should I prepare for them?
- What's the difference between ™ and ® and ©?
- How do I determine if I'm free to use the name that I've created for my product?
- Does my product or brand identity require a patent?
- What's the difference between a patent and a trademark?
- What concerns should I have about my IP internationally?
- What's my exposure to California Consumer Protection laws?
- What's the difference between ™ and ®?
- How do I register my product for a trademark?
- What happens if I continue to sell a product after an FDA warning?
Labeling Regulations
- What exactly does “labeling” refer to? Is it just what’s on my product?
- When should I use a nutrition panel vs. a supplement facts panel?
- How do I create my nutrition or supplement facts panel?
- What can I put in my product?
- How does the FDA regulate foods and beverages vs. supplements?
- What type of claims can I make on my label?
- Should I include warnings on my product?
- Are there standardized warnings that I need to include?
- Can I label my product “all natural” or “organic”?
- What are the ways to get organic certification?
- How do I know if a non-traditional package is right for my product?
- What should I consider if want to create and market a new beverage shot?
- What types of product certifications exist?
- How do I obtain certifications for my product?
- How much can it cost for my product to get certified?
- Can a product developer assist me with getting certified and how much will it cost?
- Can I build my labeling in house or should I have a professional build or review?
- How are nutritional and supplement fact panels created?
- Could my facts panel ever be disputed?
- Do I have to include all of my ingredients on my label?
- What’s an extract? What’s the difference between liquid and powder extracts?
- I want my product to be Organic or NON-GMO, how does the use of extracts impact my certification process?
- How and when are extract certified?
Legal and Regulatory Risks
- What are the major legal risks that I face when entering the beverage market?
- What should I do to manage my regulatory risks?
- What is the difference between a beverage and a dietary supplement?
- Apart from advertising claims, what are the regulatory risks associated with beverages and dietary supplements?
- What risks could you run into if you violate regulations?
- What is the first thing I should do if the FDA walk through my door?
- What should I do if I get a warning letter from the FDA?
- Is it possible to use up existing product supplies even after an FDA warning letter?
- Does my company size play a role with my potential legal risk?
- What are some major product liability risks in the beverage space?
- How do I handle complaints of defective products?
- What’s my liability if someone misuses my product?
- Does offering free product admit liability?
- Should I place warning labels on my product?
- Is it wise to add content to my labels above and beyond the standard fact’s panel?
- When should I hire an attorney to deal with a product defect problem?
- What are the major advertising risks for beverages?
- What’s the difference between the FDA and the FTC?
- Will I need two different councils for both FDA and FTC?
- What types of claims can I make about a beverage?
- What types of claims can I make about a dietary supplement?
- Does the size of my container play a role in the classification of beverage vs. dietary supplement?
- What does "competent and reliable" scientific evidence mean?
- Who is most likely going to ‘go after’ my product claims?
- Is it possible to use up existing product supplies even after an FDA warning letter?
- What concerns should I have working with a contract manufacturer or distributor?
- Can my contract manufacturer or contract distributor order a recall without my approval?
- I eventually want to export my product to other countries, what type of legal risks should I be concerned with in exporting my product?
- Are there any concerns when exporting a product to Canada?
- If I am importing my product, what sort of risks do I need to be concerned with?
- What legal and business risks are associated with contract manufacturing and contract distributing?
Labeling Claims
- What's the difference between the FDA and FTC?
- What's the difference between the FDA and USDA?
- What does "competent and reliable" scientific evidence mean?
- What's required by the FDA and FTC in order to substantiate a claim?
- How does the FDA review claims?
- Will the FDA review my web site, advertising, or marketing materials?
- What type of claims need to be certified? (referring to organic, gluten free, etc)
- What are Current Good Manufacturing Practices? And what are my obligations to follow them?
- How often does the FDA conduct inspections?
- What happens during an FDA inspection?
- What are companies' rights during an FDA inspection?
- What happens at the end of an FDA inspection?
- What can happen if I'm not in compliance? (warning letters)
- And what do I do if I get a warning letter?
- What exactly does "labeling" refer to? Is it just what's on my product?
- When should I use a nutrition panel vs. a supplement facts panel?
- How do I create my nutrition or supplement facts panel?
- What can I put in my product? What does GRAS mean?
- What's the difference between a food product and a supplement?
- What type of claims can I make on my label?
- Should I include warnings on my product (just in case)?
- Can I label my product "all natural" or "organic"?
Advertising and Marketing
- What is the FTC's role and how should I be aware of it?
- How do I need to substantiate my marketing claims? What are the requirements?
- Can I say things like "the best" or "the leading"?
- I want to make statements about my product/company's "green" behavior. How can I do this? Are there regulations?
Alcoholic Beverages
- What is a Trademark and why is it important?
- What is the difference between a Registered Trademark and an Unregistered Trademark?
- What are some common items to trademark in the brewing industry?
- When should I consider registering a trademark?
- Is there a government review of labels that I intend to use on my bottles or cans?
- What type of information is mandatory for containers with alcohol?
- What does an entrepreneur need to know when starting a craft brewery or craft distillery?
- Should I form a corporation or other business entity?
- At what point should I consider legal and licensing activity for my start-up brewery?
- Can I apply for a business identity or limited liability company myself or should I seek professional assistance?
- What’s the best way to limit liability as a new start-up brewer or distiller?
- What should I be thinking about legally regarding bringing outside money into a company?
- What is an alcohol beverage license? Do I need a license or permit to produce craft beer, wine or distilled spirits?
- How long can it take to obtain a liquor license or production license?
- What is the Alcohol and Tobacco Tax and Trade Bureau (TTB) and how is it different from state agencies?
- Does the size of my brewery or quantity of beer produced impact my regulations and legal concerns?
- Will location require me to have certain zoning or a contractual agreements set in place?
- What is Contract Brewing?
- What are some things you should consider when signing a distribution agreement?
- Can I deliver my own product to retailers or do I have to go through a third party or distributor?
- If I try to circumvent my state distribution laws what’s the potential outcome?
- Is sampling or giving away beer regulated?
- Are online sales or direct to consumers sales prohibited?
- If I’m at a tasting engagement or beer festival, can I sell my product?
- Can promotional items and gifts be grounds for legal concern?
- What are some typical types of insurance coverage options for a start-up brewery?
- What can affect the cost or the ability to obtain insurance for a start-up brewery?
- I’m looking to reclaim an old building for my start-up brewery, how does this impact obtaining insurance?
- How many insurance companies are there that insure breweries?
- What types of coverage are typical for a brewery?
- What are some differences between insurance companies that could cover my start-up brewery?
- Why should I call an insurance broker that specializes in breweries?
- Has the rapid growth in the craft beer industry impacted the insurance industry? And if so, how?
- Even without past experience can I still obtain insurance for my new brewery?
- How does my insurance policy change over time for my brewery?
- How much on average does an insurance policy cost when starting a brewery?
- Do insurance companies have any concerns regarding the use of plastic kegs?
- Do brewery tours increase my risk and cost for my insurance policy?
- Can I get insurance for trademark infringement?
- When do I need to get workers comp insurance?
- If I contract brew my beer with a third party, what kinds of insurance should I consider?
- What are some preemptive steps I can complete to be prepared in case there is a claim?
Common Legal Pitfalls
- What’s a big legal pitfall to be aware of when it comes launching a new beverage product?
- How do I determine if my product will be a beverage or a supplement?
- Can I switch from calling my product a beverage or supplement after launch?
- What are some common ingredients that I should avoid during the beverage creation process from a legal standpoint?
- What are some issues that can arise from specific ingredients?
- Will 'Shots' ever be evaluated by the FDA as beverages rather than supplements?
- Should I avoid using non-GRAS ingredients in my beverage product?
Special Label Certification
- What is the purpose of organic certification?
- What is the legal definition of "organic"?
- What is your personal definition of "organic"?
- What is "all natural"?
- What does it convey if I see an Organic Seal on a product?
- What are the USDA National Organic Standards?
- What is 'Made with Organic Ingredients'?
- Is organic certification only dependent on where I source my materials?
- Will I have to gain organic certification if my suppliers are already certified?
- Do I need to an organic certifier for every state or country that my materials are located in?
- How common are organic beverages?
- I know I want to use organic and fairtrade ingredients. Where can I find them in bulk?
- I think my product is perfect for a Co-Op or Whole Foods. Are there certain qualifications or certifications to sell my product?
- How do I get the organic and fair trade logos on my product?
- What does it mean to have a kosher product? How do I become kosher approved?
- What’s the typical process for gaining organic certification?
- How often will my ingredients be confirmed as organic?
- If I source ingredients from multiple locations across the country or globe will a single organization confirm my organic status?
- How long does it take to complete an organic certification application?
- After submitting an application for organic certification, how long will the process take?
- How much can the application process cost me?
- Are there any tips that I should be aware of if my organic certified product will be headed outside of the US?
- What role does water play when it comes to my beverage?
- Is the Safe Drinking Water Act something I should consider during production?
- Does steam play a role in my organic status?
- Should I worry about the storage of my ingredients?
- What are the main concerns when it comes to sanitation?
- What happens if I receive a letter from the National Organic Program Compliance and Enforcement department stating that there is an issue with my organic beverage?
- Are there any options or appeal processes I can go through?
- What are some common issues that I should look to avoid?
- Can I lose or have my organic certification suspended?
- Can I use preservatives with my organic beverage?
- Can I use artificial preservatives with my organic beverage?
- Does my product have to be GMO Free to be considered organic?
- Are some beverage types easy to gain certification than others?