Angela M. Spivey

Litigation

• National labeling counsel for one of North America’s largest food companies, defending the company in all its consumer class action labeling cases, slack-fill cases, and Proposition 65 cases.
• Supervised the nationwide defense of leading food manufacturers in adulterated food personal injury claims arising from highly publicized food recalls, including defending more than 700 cases in 24 states, defeating 29 class actions, and defending 20,000 individual claims related to a single recall.
• Defending retailers and food manufacturers in consumer class action labeling cases throughout the United States, with experience defeating class certification and obtaining summary dismissal with prejudice.

Regulatory

• Counsel to national food manufacturers, transporters, distributors, and retailers regarding compliance with FDA, USDA, and CBP regulations, including labeling and claims, food safety, preventive controls, FSMA compliance, registration issues, and import issues.
• Representing national supermarkets, food manufacturers, distributors, and restaurant chains in all aspects of recalls, including working with regulators, advising on public relations matters, and resolving threatened enforcement action and claims.
• Advising food manufacturers and retailers on product claim substantiation and risk mitigation.

Compliance and Enforcement

• Defending food manufacturers, retailers, restaurant chains, and transporters against claims of criminal violations of FDA and USDA regulations before the Department of Justice, Main Justice, and assistant U.S. attorneys.
• Defending clients in FDA, USDA, and CBP enforcement actions, including warning letters, FDA Form 483s, establishment inspection reports, registration suspension threats, and import holds and detentions.

Angela Spivey co-leads Alston & Bird’s food & beverage industry team. She also serves as co-chair of the Litigation & Trial Practice Group.

Angela provides defense and counsel for food manufacturers, suppliers, distributors, retailers, and packaging entities in a host of FDA, USDA, and CBP regulatory compliance issues and litigation. She has extensive experience defending consumer class action labeling cases, implementing product recalls, and defending widespread international outbreaks and resulting civil litigation. Angela also defends corporations and individuals in FDA-OCI criminal investigations. In addition to consulting with food industry clients, Angela has first-chair trial experience before state and federal courts across the United States.

Angela is ranked by Chambers USA in Band 1 as a leader in the category of Food & Beverages: Regulatory & Litigation and has been named a “Litigation Trailblazer” by The National Law Journal. Angela was named to the 2021 BTI “Client Service All-Stars” list and is also ranked in The Best Lawyers in America^®. She is well known for her thought leadership in the industry as a co-author of Food Safety Law, the nation’s leading treatise, and the firm’s monthly Food & Beverage Digest, and is a frequent speaker across the country at various industry group conferences discussing top-of-mind issues in the food industry.

Bar Admissions

• Georgia
• Mississippi

Education

• University of Mississippi (J.D., 1996)
• The University of Alabama (B.A., 1993)

Memberships