Food & Beverage
What we do
Our core services include advising clients on:
- Finding the right path to market
- Marketing food products
- Running and growing a food business
- Crisis consultancy, and
- Training.
Find out more about what we do, below.
Contact Us
We have a dedicated email address – food@khq.com.au. Or feel free to call us on (03) 9663 9877, and you will be directed to a member of our talented team.
Finding the right path to market
We specialise in confidently bringing new products to the Australian and New Zealand market. Our services include:
- food recipe compliance reviews
- import conditions advice
- innovative ingredient classification – whether a novel food, a nutritive substance or a non-traditional food
- innovative product classification – a food, special purpose food, dietary supplement or complementary medicine
- can your food be fortified
- submissions to the Advisory Committee on Novel Foods (ACNF), and
- applications to amend the Australia New Zealand Food Standards Code through FSANZ.
WATCH: Charles Fisher in conversation with Nick Connell and Veronica Volfneuk from Vow Food Group, discussing the regulatory path to market for their innovative cell-based meat products.
Marketing food products
We will help you maximise the marketing opportunities that Australia and New Zealand regulations allow specifically for food products through:
- advice on health, nutrition and therapeutic claims
- labelling compliance (including expert advice on the FSANZ Code, country of origin, measurement, and more)
- marketing collateral review (all media, including communications and industry codes)
- promotions (national, international, end-to-end)
- sponsorship, licensing, and branding agreements
- competition and consumer law advice and training, and
- copyright, trade mark, and trade secret protection and enforcement.
Running and growing a food business
Running and growing a food business comes with unique challenges and regulations. We routinely advise clients on getting the most out of:
- food licensing, including primary production and/or liquor
- manufacturing and distribution agreements
- leasing (including retail leasing) and franchising
- tax structuring and compliance advice (including personal wealth)
- employment, outsourcing, and procurement advice
- property and plant & equipment sale, leasing, and hire (including PPSA advice)
- debt and equity funding and raisings, and
- mergers and acquisitions.
Crisis consultancy
Ever been contacted by a food regulator? Been pressured to recall when you don’t think it is necessary? We have experience in defending clients and negotiating favourable outcomes with:
- state and federal health departments
- local government environmental health officers
- food regulators such as the New South Wales Food Authority
- primary production regulators like PrimeSafe, Dairy Food Safety Victoria, and Safe Food Production Queensland
- consumer protection watchdogs like the Australian Competition & Consumer Commission and the New Zealand Commerce Commission
- the Federal Department of Agriculture and the Imported Food Inspection Scheme
- the Australian Taxation Office, and
- the Australian Securities & Investments Commission.
Training
Often the most cost-effective way to manage any risk is to upskill people within your company to know how to manage those risks themselves. Our team has decades of training experience in the food space, and we would be pleased to share that knowledge with you.
Recognition
KHQ is recognised as a leading firm in the competition & trade category of Legal 500 Asia Pacific (2023 & 2024).
INSIGHTS
Does the UK Oatly “milk” case pose any risks in Australia?
Pioneering innovation: how Vow navigated regulatory approval for Australia’s first cultivated meat.
Will Health Star Ratings become a referendum on ultra processed foods?
Crisis management with Charles Fisher: Principal Solicitor, Food & Beverage
Proposed caffeine crackdown swings from outcomes-based regulation to stifling over-prescriptiveness
The future of food: regulatory challenges for biotechnology and cellular agriculture
Is it possible to make alcohol attractive just to adults … and not minors?
Does FSANZ think probiotics are banned if they are called “probiotics”?
What does the new environmental marketing code actually change?
Are PFAS to be banned from food packaging in Australia sooner than we thought?
Home-premise liquor licences: what you need to know before you pour
‘No added sugar’ claims sitting between a rock and a hard place
Legal risks in claiming “ocean bound” plastic during the ACCC’s greenwashing campaign
When can non-alcoholic beverages legally claim to be “alcohol free” or “zero alcohol”?
What are the food regulatory priorities in 2024?
Can oats ever claim to be “gluten free”?
Has your sports food become a therapeutic good overnight?
Are permitted nutrition content claims for alcoholic products being … expanded?
When is a food not a food? The mushroom case study
How do health messages change your reasonable consumer?
Why the entire food and supplement industry ought to weigh in on sports food review
When do food companies have to remove “Return to store” recycling statements from their soft plastic packaging?
Changes to the Victorian liquor licensing regime create major barriers for online liquor sellers
In the USA, the definition of “healthy food” is changing – how does this compare to Australia?
Making and marketing healthier food in Australia
THE ACCC GETS AGGRESSIVE IN ITS ENFORCEMENT OF THE NEW DAIRY CODE OF CONDUCT
When is beer… “beer”? Defining alcoholic beverages differently for tax purposes
Is lactoferrin suddenly banned in food?
Unfair contract terms – what can small business do about them?
Health products – what products can influencers now promote?
Anti-competitive conduct: The dangers of seeking exclusivity
Do vegan & vegetarian marketing descriptors need regulating?
How to get adaptogens to the Australian market
Is my food natural or not?
Is kava coming… or being stopped?
Regulatory confusion around diet products could become a lot clearer
What does India’s proposed vegan standard mean for Australian vegan product?
KHQ strengthens food & beverage capability with key hire
Gluten free(ish): 1 in 40 “gluten free” foods fail to meet Australian standards
