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Navigating Food and Beverage Regulations for Mergers and Acquisitions

About the Episode

Navigating the ever-changing world of legal issues in the F&B industry is challenging. Food and drug lawyer Darshan Kulkarni covers the basics of the complex regulatory landscape of food and beverage M&A, with a focus on compliance and food safety. He gives an overview of key regulatory agencies, discusses the most common mistakes owners make, offers insights into best practices for compliance programs, and highlights what buyers look for in an F&B company.

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“Follow the Plan-Do-Check-Act cycle if you are planning to sell your company.”

Darshan Kulkarni

What You’ll Learn

  • F&B Oversight: An overview of the key regulatory agencies involved in food and beverage manufacturing and how to ensure compliance, including FDA, USDA, FTC, and state-level requirements.
  • Innovation: How new drugs and technologies are impacting consumer preferences and forcing industry innovation.
  • Due Diligence: Common legal issues that arise in food and beverage M&A transactions and how to address them through proper due diligence.
  • Preparation: Best practices for compliance programs and how following a Plan-Do-Check-Act cycle meets regulatory objectives and helps prepare your company for sale.

Topics Covered

What is the most difficult part of F&B law, and which agencies are involved? [2:04]
How can food safety be affected by an M&A transaction? [7:42]
How much of due diligence deals with food safety and food issues in an F&B acquisition? [11:25]
How are new drugs on the market, such as Ozempic, impacting the F&B industry? [16:30]
What do buyers look for when they are considering an F&B company? [21:30] 
What are some common mistakes in the F&B industry, including compliance and manufacturing issues? [26:11] 
What four major steps do owners need to go through in order to meet compliance laws? [36:28] 
What is involved in doing pre-sale legal due diligence before going to market? [41:01]

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Meet Our Guest

Darshan Kulkarni

Darshan Kulkarni

Regulatory and Compliance Attorney for the Life Sciences, Kulkarni Law Firm | Philadelphia Area, Pennsylvania

Darshan Kulkarni PharmD, MS, Esq. provides legal, regulatory, and compliance solutions to Life Sciences companies. He previously held the position of Chair of the Life Sciences Interest Group in the Health Law Section of the American Bar Association and has contributed numerous chapters to the ABA’s flagship textbook on life sciences issues. He has taught on FDA-related regulatory documents and promotional compliance issues at Drexel University School of Law and formerly at the University of the Sciences in Philadelphia.

LinkedIn LinkedIn: https://www.linkedin.com/in/darshankulkarni

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