Food and Drugs

  • The food and drugs legal practice requires specific experience and deep understanding of numerous laws, regulations and procedures. We are unique in Israel for having the necessary skills, experience and knowledge to offer a one-stop shop service to our clients on all regulatory, intellectual property, product liability, competition law, tax, corporate, commercial, funding, supply chain and pricing issues that face the food and drug sector.

     

    Our clients span the entire range of the industry – including major global convenience foods companies, carbonated and soft drinks manufacturers, convenience foods and beverage franchisors, innovative and generic pharmaceutical companies, major tobacco companies, medical device companies, industry trade associations, medical and healthcare start-ups, academic institutions, healthcare providers and other entities that provide services and finance to the sector. 

     

    Our team has unrivalled expertise in advising on the full spectrum of non-contentious and contentious matters relating to the industry, including:

      

    • Advising on regulatory issues arising from the registration, marketing and commercialisation of food and drug products in Israel (we regularly act for clients on complex product registrations and clearances involving the Israeli Ministry of Health)
    • Distribution and agency agreements, franchising agreements, regulatory matters relating to safety, product recalls and adverse events
    • Product liability claims (including defending against individual and class action claims)
    • Complex licensing and cooperation agreements
    • Conducting legal due diligence of food and drug companies within the context of financings, investments and acquisitions
    • Mergers and acquisitions of companies engaged in the food and drug industry
    • Patent and trade mark disputes
    • Advising on parallel imports
    • Competition law
    • R&D collaborations
    • Marketing arrangements
    • Counterfeiting
    • Product liability
    • Representing Procter & Gamble and Teva Pharmaceutical Industries in connection with the acquisition of the control of over-the-counter (‘OTC’) businesses of Teva to a newly created formed JV owned by Teva and Procter & Gamble
    • Representing  Supersol (Israel's largest supermarket chain) on its acquisition of the "Aleph", supermarket chain and on its acquisition, via an auction sale process, of Clubmarket (Israel's third largest food retailer)
    • Representing Teva Pharmaceuticals in a multi-million dollar patent dispute concerning allegations of patent infringement with respect to a blockbuster anti-allergy medication
    • Representing Aroma, Israel's leading espresso and coffee chain, on various commercial, franchising and intellectual property related matters
    • Representing Pepsico in its joint venture with Strauss and the formation of Elite Strauss Frito Lay
    • Representing HJ Heinz on two earn outs relating to the manufacture, distribution and sale of its ambient food products business in Israel, the sale, via an auction process, of the business and assets of Heinz's entire Israeli operations and the distribution of its products in Israel
    • Representing the Strauss Group, owner of Max Brenner, which operates a global “Chocolate Bar” chain, in a request for a preliminary injunction and a claim of infringement of the franchise agreement and a violation of its IP rights. The defendant had opened a business of similar appearance and concept to the “Chocolate Bar” while still a franchisee of Max Brenner
    • Representing Seyman Trading Ltd., Israel's leading importer of gourmet cheeses, on the operation of its business in Israel
    • Representing Neurim Pharmaceutical Ltd. in an appeal to the District Court that resulted in a favourable ruling for Neurim. This followed the company’s unsuccessful filing of an application for a patent term extension for a melatonin formulation for human use
    • Representing Dexcel Pharma in a high-value class action against the company and other companies involved in the development of a medicinal product for psychiatric treatment. The case raised questions on the efficacy of the mandatory patient information leaflet and the rationale of the regulatory requirements
    • Representing the Manufacturers Association of Israel in discussions with the Ministry of Health and in assisting in the drafting of Israel’s new law on medical devices
    • Representing a private label products company "brand for you" in a multi-million lawsuit against the Rami Levi supermarket chain company regarding claims for contract breach