Commercial co-packing arbitration

The revised final award identifies David J. Scharf of Gravitas Law Group APC as counsel for the public company, the respondent and counterclaimant, before retired Justice Richard Aronson.

The dispute

The arbitration concerned a co-packing agreement and amendments governing beverage manufacturing and bottling. the co-packer asserted contract and tort claims; the public company asserted competing claims. The proceeding included an evidentiary hearing, post-hearing briefing, and an independent accounting.

Final award: May 18, 2026

The revised final award denied the co-packer’s contract, promissory-estoppel, and account-stated claims and dismissed its fraud and misrepresentation claims. It found that the co-packer breached the co-packing agreement and awarded the public company damages, interest, attorney fees, and costs.

Award components

The award states $986,695 in contract recovery, $159,034.22 in interest, $249,183 in attorney fees, and $208,985 in costs, for a total of $1,603,897.22.

Scope of the result

The public company prevailed on its co-packing contract claim and defeated the co-packer’s claims, but did not prevail on every counterclaim. The award denied the public company separate oral-agreement, interference, and fraud claims and its request for punitive damages. This is an arbitration award; the amount is not represented as money collected or as a court-confirmed judgment.

Public reporting and source record

The public company’s first-quarter 2026 SEC filing disclosed the earlier February interim award in the company’s favor. The revised final award is dated May 18, 2026. This commercial arbitration is separate from the consumer class actions.