Foodservice Sales & Marketing Association




FSMA is the voice of the foodservice industry, and uniquely positioned to address sensitive issues affecting both Suppliers and their sales and marketing agencies (“SMA’s”) that are overreaching, unfair, and will have potential adverse economic impact on the industry

While an individual Supplier may have economic or other consequences on an individual basis and is limited in their ability to respond, as the voice of the industry FSMA legal counsel can respond to issues affecting those Suppliers and the entire industry, without disclosing their identity.

The following is a summary of propositions that FSMA has successfully advanced on behalf of Manufacturers, saving for its Members millions of dollars in potential lost revenues and reduced operating expenses:

  • FSMA Members have unanimously adopted a Code of Ethics for all FSMA members, which facilitate fair conduct and compliance with the law by all. A badge of honor, reliability and fair dealing that distinguishes FSMA members from others in the foodservice industry.

  • Opposed demands by Distributors and other Power Buyers to appoint their own SMA’s to obtain a discriminatory price at the expense of the Manufacturer.

  • Opposed demands by Distributors to secure discriminatory volume pricing discounts by creation of faux in-house buying clubs.

  • Opposed demands requiring Suppliers to quote discriminatory prices on certain product lines without payment of commissions.

  • Attended FTC vs. Sysco trial to provide industry guidance pending the US District Court’s injunction ruling for potential antitrust violations in the proposed merger.
  • Limited the extent of Distributor confidentiality and non-disclosure agreements.

  • Opposed demands by Distributors that would permit the Distributor to replace the Supplier’s designated SMA with its own school specialist.

  • Opposed demands by Distributors on a Supplier’s SMA that are not required by law and unnecessarily increase Manufacturers’ costs.

  • Established the recognized industry-standard Manufacturing/Agency Contract.

  • Opposed demands by Buyers that they designate Supplier’s SMA’s.

  • Challenged Distributors’ requests on SMA’s to supply information in breach of Suppliers’ confidentialities.