Preventing and Defending

Obesity Claims

The Latest Information on Legal Exposures, Legislation and Defense Strategies

Monday, January 24, 2005

About

Food manufacturers, purveyors and marketers are under increasing pressure to respond to the rise in obesity in a manner conducive to public health and responsive to consumer demands. With health professionals, consumer advocates and plaintiff attorneys clamoring to be heard on this major issue; the finger has been pointed at the food industry, implicating food and beverage manufacturers and purveyors. Marketing and advertising techniques continue to be called into question and are fodder for consumer fraud allegations.

Every company in the sights of this litigation needs to ensure that it has a coherent and effective strategy, not only for countering the multi-faceted plaintiff attack, but to show it is engaging in proactive measures to encourage public health and wellness and is employing "best practices" in its advertising and marketing. The minefield of exposure that this litigation will bring will challenge the savviest of marketers.

In response to these needs for an effective and coherent strategy to reduce exposure, American Conference Institute has developed a publication from the 2nd National Forum on Preventing and Defending Obesity Claims, providing presentation materials from the most experienced product liability and advertising attorneys, in-house counsel and senior marketers with practical insights into the latest plaintiff initiatives and an update on current legislative proposals. The experienced and exceptional faculty of trial lawyers, legislators and in-house counsel provide critical analysis on:

  • The science of addiction as it relates to obesity claims
  • Reducing exposure to claims of promoting unhealthy products and lifestyle
  • Pending legislative initiatives and likelihood of passage
  • Defeating consumer fraud claims
  • Steps that your client should undertake to minimize liability in promoting its products
  • The latest consumer studies from the International Food Information Council
  • Challenging common theories of causation

Contents & Contributors

About

Food manufacturers, purveyors and marketers are under increasing pressure to respond to the rise in obesity in a manner conducive to public health and responsive to consumer demands. With health professionals, consumer advocates and plaintiff attorneys clamoring to be heard on this major issue; the finger has been pointed at the food industry, implicating food and beverage manufacturers and purveyors. Marketing and advertising techniques continue to be called into question and are fodder for consumer fraud allegations.

Every company in the sights of this litigation needs to ensure that it has a coherent and effective strategy, not only for countering the multi-faceted plaintiff attack, but to show it is engaging in proactive measures to encourage public health and wellness and is employing "best practices" in its advertising and marketing. The minefield of exposure that this litigation will bring will challenge the savviest of marketers.

In response to these needs for an effective and coherent strategy to reduce exposure, American Conference Institute has developed a publication from the 2nd National Forum on Preventing and Defending Obesity Claims, providing presentation materials from the most experienced product liability and advertising attorneys, in-house counsel and senior marketers with practical insights into the latest plaintiff initiatives and an update on current legislative proposals. The experienced and exceptional faculty of trial lawyers, legislators and in-house counsel provide critical analysis on:

  • The science of addiction as it relates to obesity claims
  • Reducing exposure to claims of promoting unhealthy products and lifestyle
  • Pending legislative initiatives and likelihood of passage
  • Defeating consumer fraud claims
  • Steps that your client should undertake to minimize liability in promoting its products
  • The latest consumer studies from the International Food Information Council
  • Challenging common theories of causation

Contents & Contributors


CLOSING THE FOOD COURT: WHY LEGISLATIVE ACTION IS NEEDED TO CURB OBESITY LAWSUITS
Victor Schwartz, Shook, Hardy & Bacon, LLP
Phil S. Goldberg, Shook, Hardy & Bacon, LLP

LIVING OFF THE FAT OF THE LAND
Joseph M. Price, Faegre & Benson

IN THE MATTER OF OBESITY WORKING GROUP; PUBLIC WORKSHOP: EXPLORING THE LINK BETWEEN WEIGHT MANAGEMENT AND FOOD LABELS AND PACKAGING DOCKET NO. 2003N-0338

Maureen K. Ohlhausen, Federal Trade Commission

FTC REPORT ON OBESITY
Thomas B. Pahl, Federal Trade Commission

ADDRESSING THE WELLNESS MANDATE: WHAT FOOD COMPANIES NEED TO KNOW
Joseph A. Levitt, Hogan & Hartson

FOOD IS NOT MORPHINE, AND EATING IS NOT AN ADDICTION
Joseph McMenamin, MD, McGuireWoods LLP

WHAT EVERY DEFENSE COUNSEL MUST KNOW: UNDERSTANDING "ADDICTION" ALLEGATIONS IN OBESITY CLAIMS
Keelin Kavanagh, Jacob, Medinger & Finnegan, LLP

THE OBESITY MYTH
Paul Campos, University of Colorado

MARKETING LIABILITY
Christopher A. Cole, Paul, Hastings, Janofsky & Walker

DOCUMENT RETENTION ISSUES IN OBESITY LITIGATION: DO FOOD MANUFACTURERS HAVE A DUTY TO PRESERVE DOCUMENTS THAT ARE POTENTIALLY RELEVANT TO OBESITY LITIGATION?
Heather Heidelbaugh, Babst, Calland, Clements & Zomnir, P.C.
Tara L. Willke, Babst, Calland, Clements & Zomnir, P.C.

CONSUMER FRAUD
Peter A. Cross, Jacob, Medinger & Finnegan, LLP

DEFENSE STRATEGIES FOR DEFEATING CONSUMER FRAUD ALLEGATIONS
Peter Goss, Faegre & Benson

PREVENT, PREPARE, AND ATTACK: PRACTICAL STRATEGIES FOR PREEMPTING AND HANDLING OBESITY CLAIMS
Lori Cohen, Alston & Bird
Susannah J. Stroud, Alston & Bird

LESSONS FROM THE LATEST CONSUMER STUDIES BY THE INTERNATIONAL FOOD INFORMATION COUNCIL FOUNDATION
Richard Elder, International Food Information Council Foundation

CRITICAL INSURANCE COVERAGE ISSUES IN THE OBESITY ARENA
John Kazanjian, Beveridge & Diamond



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0