Nury Yoo represents clients in the food, beverage, cosmetics, dietary supplement, personal care, and alcohol beverage industries, as a member of our Tier 1 nationally ranked Food and Drug Practice. Her areas of expertise include regulatory compliance, labeling, marketing and advertising (including social media), food safety, product recalls, due diligence reviews in connection with private investment, and California’s Proposition 65. She also advises clients on the complex federal and state issues surrounding the use of cannabidiol (CBD) and related cannabinoids in consumer products.
As a litigator, Nury previously represented clients in state and federal trial and appellate courts. Clients now seek her counsel on litigation risk analysis and avoidance measures, responses to litigation demand letters, and the development and implementation of litigation strategy.
Nury represents clients in areas regulated by the U.S. Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA), Federal Trade Commission (FTC), Alcohol and Tobacco Tax and Trade Bureau (TTB), and state regulatory agencies, such as California’s Office of Environmental Health Hazard Assessment (OEHHA) and Department of Public Health (CDPH). She has significant experience in the consumer product arena before the U.S. Consumer Product Safety Commission (CPSC). She also represents clients in competitor challenge proceedings before the National Advertising Division (NAD), and in intellectual property matters before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office.
Prior to joining Keller and Heckman, Nury practiced litigation and regulatory law at firms in Albuquerque and Los Angeles. She also served as a law clerk to the Honorable John E. Steele of the U.S. District Court for the Middle District of Florida and as a legal intern for the Office of the General Counsel at the Public Broadcasting Service (PBS).
Nury is actively involved with the Food and Drug Law Institute (FDLI) and is a frequent speaker on regulatory compliance and litigation risk issues related to the food industry. She currently serves on FDLI’s California Planning Committee, and in 2019, served on FDLI’s Food Advertising and Litigation Planning Conference Committee.
- Advised manufacturers of food, dietary supplement, personal care product, cosmetics, and over-the-counter drug companies regarding regulatory compliance and product safety; risk analysis and mitigation; reviews of marketing, advertising, and social media claims; critical review of commercial contracts; analysis of claims substantiation and evidence; and product formula evaluation
- Represented food companies in responding to pre-litigation demands, Prop. 65 Notices of Violation, and in defense against filed putative class action lawsuits, including negotiation of settlements and coordination with indemnified parties
- Advised growers and manufacturers regarding various food recall and market withdrawal issues such as the discovery or suspicion of foodborne pathogens, foreign objects, allergen misbranding issues, and labeling issues impacting health and safety
- Advised manufacturers of various alcohol beverage (wine, beer, cider, distilled spirits, IRC beers, hard seltzer, etc.), kombucha, and food products containing alcohol regarding labeling, formula review, advertising, and permitting requirements under FDA, TTB, and FTC regulations
- Advised restaurant chains on menu and nutrition labeling requirements, as well as risk analysis regarding marketing claims
- Advised companies on mitigation of compliance and risk factors pertaining to social media and online presence, relationships with social media influencers, and promotional events and activities
- Advised manufacturers on food safety and compliance obligations pursuant to the Food Safety Modernization Act; preparation of comprehensive food safety and recall plans for compliance with Hazard Analysis and Risk-Based Preventive Controls requirements; and risk allocation and mitigation strategies
- Conducted due diligence reviews of companies pursuant to potential investments, mergers, and acquisitions, including comprehensive assessments of labeling, marketing and advertising materials, commercial contracts, enforcement actions, social media presence, and product formula review
- Advised an on-demand food delivery service regarding expansion into various operational models; navigation of local, county, and state regulations; and negotiations with regulatory officials on their behalf
- Advised various companies producing food and dietary supplements intended for babies and children regarding regulatory compliance and litigation risk mitigation
- Advised ingredient producers on the requirements to prepare Generally Recognized as Safe (GRAS) petitions and to prepare self-determined safety assessments
- Advised company manufacturing various CBD products on issues regarding domestic and multinational regulatory compliance, labeling, and assessments of risk
- Represented clients in competitor challenge proceedings before the National Advertising Division
- Represented clients in intellectual property matters before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (USPTO)
- California Programs Planning Committee, Food and Drug Law Institute
- National Asian Pacific American Bar Association (NAPABA), Co-Chair of Cannabis/CBD/Hemp Law & Policy Committee
- Board of Directors, The North Fourth Arts Center (formerly VSA Arts of New Mexico)
- Food and Drug Law Institute (FDLI) 2021 Food Advertising, Labeling, and Litigation Conference Planning Committee