To benefit our clients engaged in the use of nutraceuticals, Polsinelli brings together robust teams in the areas of intellectual property, corporate law and Food and Drug Administration regulatory counsel to provide comprehensive legal service in this rapidly-changing area.  Our clients range from startups to large multi-national companies with revenue into the billions of dollars. We work with this full spectrum of clients to evaluate their goals, and where the product may fit in to their long-term objectives, providing protection from creation all the way to the market.

Our service to nutraceutical clients begins in the lab. Intellectual property attorneys understand the science behind the innovation, and work to protect formulations, recipes, and methods of production. We also have deep experience serving pharmaceutical companies across the firm, and bring that background to our representation of nutraceutical clients.  Lastly, with significant depth in the area of animal health (both companion and production animals), we understand how nutraceuticals ultimately flow through the entire food industry supply chain.

When a nutraceutical company is ready to begin bringing their product to market, our robust FDA practice counsels clients on what claims they may make based upon their product’s scientifically proven benefits, and further advise on what approvals from FDA may be necessary.  In many situations we can facilitate introductions to FDA consultants who can assist with setting up clinical trials or otherwise producing data to substantiate product claims.

We also assist nutraceutical companies with corporate and transactional work, including distribution and sales agreements that protect clients both upstream and downstream in the case of a recall or other regulatory investigation.  For clients who originate as a startup, we can also advise on licensing relationships and long-term business growth and exit planning strategies.
  • Enforced a patent related to extracting high-value chemicals from eggshell membrane for use in nutritional supplements for medical device company.  The matter settled on favorable terms
  • Defended a nutritional supplement company in an action involving allegations of patent and trademark infringement related to three patents and several trademarks.  Case settled on favorable terms after we prevailed in claim construction arguments