Overview
Ben Abel is a trial attorney seasoned in federal and state courtrooms. He focuses his practice on representing clients in product liability and class action cases, with a particular emphasis on food and beverage labeling claims. Ben’s litigation experience also includes premises liability, transportation, higher education, CERCLA and personal injury cases. He has successfully tried cases to verdict and argued a wide array of motions. Ben has also taken and defended party, witness, and expert depositions under federal and various states’ rules of practice.
Much of Ben’s practice is devoted to advising and defending food and beverage clients in food-related litigation, especially labeling claims. He advises manufacturers, distributors and retailers on matters related to Food and Drug Administration, U.S. Department of Agriculture, and Tax and Trade Bureau compliance. In this capacity, Ben has defended manufacturers and retailers in a series of lawsuits concerning the labeling of vanilla-flavored products, as well as suits involving many other labeling and marketing claims.
Ben serves as a frequent voice in the media, having been quoted on food and beverage litigation topics in the Sacramento Business Journal, “Harvest Public Media” on Kansas City public radio, and pharma publication HBW Insight. He speaks on food and beverage litigation topics at industry conferences, and his articles have appeared in Food Dive, QSR and Food Manufacturing.
Ben also devotes a substantial portion of his practice to pro bono efforts and the Volunteer Lawyer Project.
During law school, Ben externed with the Hon. David J. Novak of the U.S. District Court for the Eastern District of Virginia and interned with the Hon. Karen J. Burrell of the Norfolk Circuit Court. Prior to law school, Ben taught middle school for two years in Phoenix, Arizona.
Personal Interests
Outside the office, Ben enjoys watching college football, distance running, golfing and spending time with his golden retriever.
*Admitted only in Virginia; supervision by principals of the firm admitted to the D.C. bar.
Related Services
Related Industries
Credentials
Bar Admissions
Virginia
Admitted only in Virginia; supervision by principals of the firm admitted to the D.C. bar
Court Admissions
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
Virginia Supreme Court
Education
William & Mary School of Law
J.D. Order of the Coif, William & Mary Bill of Rights Journal (senior notes editor) (2015)
University of Virginia
B.A. in History and Government, with distinction (2010)
Insights & Events
Latest
Other Perspectives
- Restaurant Industry May Be Next Battleground in Fight Over PFAS
Co-author, QSR (June 21, 2022) - Chapter 4: Food Safety
Food Law: A Practical Guide, American Bar Association (2021) - Chapter 5: Food Recalls
Food Law: A Practical Guide, American Bar Association (2021) - Trends in the F&B and Hospitality Industries: Where Are We Going Next?
2021 Perrin Food & Beverage Litigation Conference, Oct. 14, 2021 - Food and Dietary Supplement Class Action Litigation: Roundtable Discussion on Recent Filings and Current Trends
Food and Drug Law Institute, June 17, 2021 - Why Lawsuits Are Taking Aim at Quick-Service Meal Pricing
QSR (Nov. 2019) - Crisco Decision Adds to Conflicting Case Law Over Lab Testing Results
Co-author, Food Dive (July 25, 2019) - Staying on the Cutting Edge of Legal Issues
Virginia Leaders 3rd Annual Hot Topics Conference, June 2019 - The FDA Gets Pulled Into the 'Natural' Labeling Fray: Surprise Move May Change the Food Fight
Co-author, Manufacturing.net (Nov. 19, 2015) - Reviewing the Magic Pipes: Angelex Ltd. v. United States, Oily Water Separators, and Constitutional Review of Coast Guard Action
23 William & Mary Bill of Rights Journal 857, March 2015
Leadership & Community
Pro Bono
- Represented a habeas petitioner challenging his conviction as a minor by a since-convicted police detective
- Represented a class of Virginia drivers challenging the Commonwealth’s license suspension scheme for failure to pay court debt, which resulted in the General Assembly’s repeal of the statute
- Secured Special Immigrant Juvenile status for two minor children fleeing abuse and gang violence in their home country
- Represented a Section 1983 plaintiff in a prisoner abuse suit in a favorable settlement
Professional Associations
Food & Drug Law Institute — Webinar Committee, 2020, 2022
Honors
Best Lawyers — “Ones to Watch,” Products Liability Litigation — Defendants (2022, 2023)
No aspect of these recognitions has been approved by the highest court of any state.