Focus Industry

Food and Beverage

Summary

Anthony Harper's team of food and beverage industry experts is set to help your business thrive. We understand all facets of the distribution chain from production, packaging, distribution, promotion and sale. Our experts are well versed in the wide variety of regulations that govern food and beverage production, promotion and export.

Key services

Advertising and promotion

Advising on compliant advertising and promotional strategies for products, ensuring they meet the relevant codes of practice, guidelines, and regulations that govern advertising and promotion in the food and beverage sector, such as the Fair Trading Act 1986, the Advertising Standards Codes, and the Australia New Zealand Food Standards Code. We also help clients resolve any disputes or complaints arising from their advertising and promotion activities.

Packaging and labelling

Assisting clients with all aspects of packaging and labelling, including ensuring accuracy and clarity of information, complying with labelling requirements under the Australia New Zealand Food Standards Code and Dietary Supplements Regulations 1985, avoiding misleading or deceptive claims, meeting consumer protection and environmental standards, and complying with the Weights and Measures Act 1987. We also advise on the use of trade marks, logos, and certifications on packaging and labels.

Corporate and commercial

Advising food and beverage businesses compliance, governance, mergers and acquisitions, procurement, manufacturing, and distribution. We have extensive experience in dealing with regulators and resolving investigations under various consumer protection and competition laws, including the Fair Trading Act 1986, the Commerce Act 1986 and the Privacy Act 2020.

Product standards and classifications

Advising on the requirements and implications of different product standards and classifications under the Australia New Zealand Food Standards Code and other relevant legislation. We help clients determine the appropriate category for their products and ensure compliance with the applicable rules and standards, including the Sale and Supply of Alcohol Act 2012.

Regulatory approvals and recalls

We advise on the procedures and obligations for recalling defective or unsafe products, including complying with the Food Act 2014 and Food Regulations 2015, communicating with regulators, customers, and the public, and managing the legal risks and liabilities involved.

Intellectual property

Advising on brand protection, enforcing intellectual property rights, and commercial contracts including licensing trade marks and get-up from well-known global brands, and licensing manufacturing processes.

Key people

Work Highlights

Advising FMCG dairy products supplier, Dairyworks, on multiple domestic and international contract manufacturing, supply (as customer and supplier), transport, storage and distribution arrangements.
Acting for Lion NZ on sale and purchase of various on-premises outlets across New Zealand.
Advising Synlait Milk Limited on international supply and distribution arrangements for a new product sold into Asia and providing training and template contracts on procurement for Synlait’s in-house legal and procurement teams.
Advising various New Zealand food-manufacturers on their national and international distribution arrangements, including for Australia, Singapore, China, North America and Saudi Arabia.
Advising various food and beverage manufacturers on acquisition of raw materials for canning and bottling facilities.
Acting on the appointment of an outsourced third-party-logistics provider for the New Zealand operations of a substantial international food and beverage company.
Advising food and beverage clients on strategic brand partnerships and distribution agreements, both at a national and international level.
Advising a food manufacturer on Fair Trading Act 1986 issues with product composition and origin claims, including liaising with public relations advisors.
Advising an infant formula manufacturer on product and labelling requirements.

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