Boulder has long been known for its breathtaking mountain views, obsession with the outdoors and support of the entrepreneurial spirit. Now, the Colorado mountain town is making a name for itself as the food-startup-hub.

launching food startup boulder colorado what you need to know

Food Startups in Boulder

Budding companies like Purely Elizabeth, Made in Nature and Good Karma Foods have relocated to Boulder to take advantage of the local food retail environment that boasts innovation and experimentation; not to mention the brokers, distributors and contract manufacturers that have arrived as well. KeHE, the second-largest natural foods distributor, opened a Boulder office in 2013.

“There’s an ecosystem here that supports food entrepreneurs that you just don’t find in other places,” Justin Gold said to the New York Times. He founded Justin’s, a nut butter company, in Boulder in 2004. “Everything you need, including a lot of experience and expertise, is right here.”

Your Food Startup

If you’re an entrepreneur in Boulder who is ready to pursue your food startup dreams or if you’ve already hit the ground running, contacting a qualified lawyer should be one of your primary plans of action.

Lawyers can help food start-ups with everything from forming a legal entity and drafting vendor and distribution agreements, to counseling clients on promotion and social media standards.

Designing and strategizing your brand, figuring out product names, and advertising are all major milestones for every new food start-up. Working with a lawyer throughout these processes can help you increase end-product value and reduce legal risks from advertising efforts.

Below are three major categories where a lawyer can help guide you through complicated legal considerations for your food startup so you can focus on moving your company forward and flourishing in the competitive market.

1. Naming your product or service

The following product- and service-related questions are great jumping-off points for you to work through with your food startup lawyer.

  • Should you apply for a federal trademark registration or a state trademark registration? Or are you better off using the name without registering it?
  • Should you apply to register the words in your product names, the logo that accompanies them, or both? Is there a benefit to registering your logo in the color scheme you picked, or are the colors negotiable?
  • If you apply for and receive federal registration for your company’s name, how easily will you realistically be able to stop others from using your name?

2. Product packaging

Following up from your startup’s product- and service-related strategy, your lawyer can assist you in making smart and legal-conscious decisions for your product packaging.

  • Does your startup qualify for the small-producer exemption?
  • Are the name, flavor, ingredients and nutritional content of your product accurately stated?
  • Does your product’s label comply with regulations related to claims about nutrient content?

3. Promotion

From federal regulations to meeting relevant social media and email marketing standards, your food startup lawyer can help you minimize unexpected risks with your promotion efforts.

  • Are your advertisements compliant with FDA and FTC regulations?
  • Are you using terms such as “natural,” “organic,” “artisanal” and “local” legally?
  • If you are sending free product to bloggers, do you have monitoring procedures in place?

Although you could potentially tackle all legal issues pertaining to your food startup’s branding, promotion and registration by yourself, working with a skilled lawyer will ensure that these sometimes complicated processes will go quickly, smoothly, and keep important considerations from falling through the cracks or potentially being mishandled.

Contact us today to discuss your food startup in Boulder >

Contact Rogers & Moss for your free, no-risk, consultation.