Scaling Your Business in Foodservice: Legal Considerations which can make or break your growth

Posted Monday 7th April 2025

At the recent Bread & Jam: Foodservice Summit, Charlie Pattihis, a Senior Associate in the Corporate & Commercial team at Joelson, highlighted three fundamental legal considerations that could determine the success of your foodservice business:

1. Your brand and Intellectual Property (IP)

A compelling brand is more than just a logo or visual identity – it is the identity of your business and a crucial asset that differentiates you in the market. However, without the appropriate legal protection, your brand and IP could be at risk.

• Trademark protection: Before investing in marketing and distribution, ensure that your brand name, logo, and other trademarks are legally secure, not just in the UK but in all markets where you plan to operate. Failure to do so could result in costly disputes or even force a rebrand.
• Safeguarding commercially valuable information: If you work with third-party suppliers, co-packers, or manufacturers, protecting sensitive information such as recipes and production processes is essential. Implementing confidentiality or non-disclosure agreements can help prevent unauthorised use or disclosure.

2. Your supply chain

A great product alone is not enough, scaling successfully requires a reliable and efficient supply chain. Winning large contracts is only beneficial if your business can meet demand consistently.

• Supplier agreements: Well-drafted contracts with manufacturers, co-packers, and suppliers are essential. Clearly defined terms reduce risks such as supply disruptions, delayed payments, and disputes over product liability.
• Due diligence: Can your suppliers scale with you? Ensuring your partners can handle increased production volumes and are financially secure can prevent setbacks that might hinder your ability to fulfil contracts.

3. Understanding your marketplace

The foodservice sector is very broad, encompassing diverse areas such as the NHS, travel groups, and luxury hotel chains. Each segment operates differently, and a one-size-fits-all approach may not be effective.

• Tailoring your business model: Different sectors have unique purchasing behaviours, pricing structures, and operational requirements. Adapting your strategy – whether through portion sizes, distribution channels, or regulatory compliance – ensures a better fit for your target market.
• Strategic growth: Revisiting your business model regularly allows you to refine your offerings and remain competitive as you expand.

Key takeaways

1. Protect your brand and IP: Securing trademarks and safeguarding confidential information is a business necessity, not just a legal formality.
2. Build a resilient supply chain: Success isn’t just about winning contracts, it’s about delivering consistently and avoiding operational disruptions.
3. Know your market inside out: Understanding buyer needs and adapting your model accordingly will give you the foundation to scale effectively.

At Joelson, we have worked with some of the UK’s fastest-growing food and drink brands, helping them secure investment, protect their brand, and scale successfully into new markets. By addressing these legal considerations early on, founders can focus on what they do best, growing their businesses and creating exceptional products for the foodservice industry.

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This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

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