Brandon Neuschafer’s practice draws on his diverse experience advising clients on operational, regulatory and environmental issues pertaining to the development, production, sale, and distribution of food, agricultural, and chemical products. He represents clients before a wide range of regulatory agencies, including the Food and Drug Administration, the U.S. Department of Agriculture, the Environmental Protection Agency, the Occupational Safety and Health Administration, and state agencies.
Brandon’s deep experience with regulatory, transactional and litigation issues is enhanced by long-term arrangements with multiple clients during which he served as their “in-house counsel” to provide tailored practical advice. He regularly counsels on issues affecting regulatory pathways for novel and conventional ingredients and finished products, manufacturing (including Food Safety Modernization Act compliance), and food marketing claims, including labeling and advertising.
For two decades, Brandon has handled the regulation of pesticides, fertilizers and agricultural chemicals, with a particular focus on issues under the Federal Insecticide, Fungicide and Rodenticide Act and similar state laws. He has extensive experience with incident investigation and response, including industrial accidents, FDA Form 483, Warning Letter and inspection response, product adulteration, recall management, and the many customer, supplier, and insurer issues that can accompany such incidents.
Experience
- Global food and dietary supplement ingredient company on product and packaging regulatory and safety issues, food product marketing claims, advertising, government investigations, recalls, customer and contracts matters, and environmental, health and safety.*
- Global agricultural chemical and seed manufacturer on pesticides and chemical regulatory issues, pesticide marketing claims, registrations, data compensation, investigations, and enforcement.*
- North American agricultural chemical retailer on pesticides, fertilizer and chemical regulatory issues, food product marketing claims, commercial contracts matters, environmental and employee health and safety compliance, and investigations.*
- Private label food manufacturing company on regulatory approvals, labeling, packaging, and FDA enforcement matters.*
- Novel seed product developer and processor on product development, product launch, manufacturing, and commercial activities.*
- Consumer product brand owner and retailer on regulatory requirements, advertising claims and substantiation.*
- Hundreds of companies on environmental, employee health and safety, food, dietary supplement, pesticides, and consumer products issues in mergers and acquisitions and commercial agreements.*
- Dozens of food and consumer products companies regarding the use or presence of per- and polyfluoroalkyl substances (PFAS) in products and packaging, reporting obligations under federal and state statutes, and supply chain communications.*
- Multiple companies on avoidance and defense of greenwashing and related ESG issues.*
- Multiple companies on the investigation of adulteration and mislabeling issues, including response planning and recall management.*
*Reflects experience at previous employer
Perspectives
Recognition
Credentials
Education
- J.D., Washington University School of Law, 2001
- B.A., Foreign Languages and Political Science, Washburn University, 1998, summa cum laude
Admissions
- Missouri
- U.S. District Court, Eastern District of Missouri
- *Admitted only in Missouri; not admitted in Illinois, practice limited to federal regulatory matters
Activities
- Board Member, Central Institute for the Deaf (2014-present)
- President-Elect and Board Member, Council for Agricultural Science and Technology (2018-present)
- Vice Chair and Former President, American Bar Association Section of Energy and Environmental Regulation Ag Management Committee (2021-present)
- Advisory Board Member, Minor Use Foundation (2021-present)