Food & Agriculture Litigation

From bet-the-company patent defenses to complex regulatory battles, Downey Brand’s litigators have protected clients in California’s food and agriculture industry for decades, providing experienced counsel and advocacy when it matters most.

Downey Brand’s food and agriculture litigation team has represented clients from every sector of California’s agricultural industry, including farmers, dairies, wineries, processors, distributors, PCAs, aerial applicators, grocers, and industry trade associations. Clients include both plaintiffs and defendants, and range from individuals to large corporations. Our attorneys have represented clients in state and federal court, as well as in mediations, arbitrations, and administrative hearings. The attorneys in our food and agriculture litigation practice have extensive experience in California agribusiness and are deeply knowledgeable about the important issues facing the industry.

Commercial Disputes

Downey Brand litigators represent growers when buyers of their crops fail to pay on time (PACA and California Producers’ Liens). They also provide representation and counseling in commercial disputes over contracts, leases, and land acquisitions.

Pesticide Drift Litigation

Our litigators have represented growers whose crops have been damaged by drift to recover damages, and have also defended farmers and pesticide applicators who are accused of responsibility for pesticide drift. Downey Brand attorneys offer counseling to farmers, PCAs, and applicators to help them develop safeguards to minimize their risk of facing litigation and liability for pesticide drift.

Food Labeling Litigation

Gaps in the Food and Drug Administration’s regulatory frameworks have fostered a dramatic increase in food labeling litigation over the past decade. Experienced with this rapidly changing legal environment, Downey Brand attorneys counsel clients in the food and agriculture industry to minimize their risk of facing adverse legal action. And when necessary, our litigators defend food manufacturers and grocers in court from class action suits and regulatory scrutiny for alleged violations of food labeling standards.

Prop. 65 Violation Defense

Proposition 65 bars businesses from exposing customers to chemicals “known to the state to cause cancer or reproductive toxicity” without providing “clear and reasonable” warnings. Our attorneys help food manufacturers, processors, and grocers interpret their obligations under Prop. 65’s ever-changing regulatory framework and respond appropriately to notices of violation. In addition to assisting with compliance and risk management before a violation is alleged, our attorneys have defended clients in the food and agriculture industry in high-stakes Prop. 65 litigation.

Intellectual Property / Patent Litigation

The patent litigation team at Downey Brand has protected the trade secrets, technology, trademarks, and other intellectual property of companies across the agribusiness industry, from farmers and wineries to food processors and grocers.

Grocery Store Credit Card Surcharge Litigation

A recent decision in the Ninth Circuit permitted a grocer to apply credit card surcharges to purchases as a percentage of their total price. This decision, though narrow in scope, may permit other grocers and food retailers to apply credit card surcharges to their customers’ purchases. Our attorneys can guide businesses currently subject to California’s prohibition of credit card surcharges through the process of seeking relief from this law under this new Ninth Circuit precedent.