Day 1 - Tuesday, May 10, 2016

8:00
Registration and Continental Breakfast
9:15
Co-Chairs Welcoming Remarks
9:30
Choose Your Words Wisely: How “Natural” and Other Language Could Make You or COST You Millions
10:45
Morning Refreshment Break
11:15
Vermont‘s Mandatory GMO Labeling v. SAFL/The DARK Act: An Analysis of Pending States’ Legislation, Possible Federal Preemption and How it Changes How You Conduct Business
12:15
Networking Luncheon
1:30
Content Claims: The Last Frontier of Government Inquiry and Enforcement
2:30
Networking Refreshment Break
3:00
Is There Room for Science in Social Media or is it Too Many Characters?
4:00
The Devil is in the Details: Ensuring Consumer Surveys Can Actually Substantiate Claims
5:00
Conference Adjourns to Day Two

Day 2 - Wednesday, May 11, 2016

9:00
Registration and Continental Breakfast
9:45
Co-Chairs Welcoming Remarks
10:00
Surveys and Their Role in Proving Consumers’ Perceptions of Ads
11:00
Morning Refreshment Break
11:15
Advertising to Children and Parents: Remaining in Compliance with FTC Guidance and COPPA
12:15
Networking Lunch
1:30
The First Amendment and Marketing — What Amarin, Bayer and POM Wonderful Will Really Mean for the Promotion of Food and Beverage Products
2:45
Afternoon Refreshment Break
3:00
Public Trust or Lack Thereof: An Industry Conversation About Increasing Consumer Trust for the Betterment of the Food and Beverage Industry
4:00
Main Conference Adjourns

Day 3 - Thursday, May 12, 2016

8:30
Registration and Continental Breakfast
9:00
Master Class on Upgrading your Advertising Compliance Program: What Risk Management Lessons Can be Gleaned from those in the Class Action Trenches
12:00
Registration and Luncheon for attendees of both workshops
1:00
Social Media Working Group: A Practical and Interactive Forum on What to do and NOT to do in the Digital World to Maximize Branding and Minimize Risk

Day 1 - Tuesday, May 10, 2016

8:00
Registration and Continental Breakfast
9:15
Co-Chairs Welcoming Remarks

Adam Ekonomon
Senior Director and Assistant General Counsel, Marketing and Regulatory
The J.M. Smucker Company (Orrville, OH)

Randy Liebowitz
Legal Director
PepsiCo Inc. (Purchase, NY)

9:30
Choose Your Words Wisely: How “Natural” and Other Language Could Make You or COST You Millions

Kelly McLain
Senior Lawyer
Cargill (Minneapolis, MN)

Jo E. Osborn
Vice President & Assistant General Counsel
TreeHouse Foods Inc. (Oak Brook, IL)

Sarah Roller JD, RD, MPH
Partner, Food & Drug Law Practice – Chair
Kelley Drye & Warren LLP (Washington, DC)

  • The FDA’s request for comments on the use of the term “Natural”
    • How has the industry responded
    • The public’s input
    • Steps to prepare for what’s to come
  • Other Terms whose permissible usage continues to allude the industry: Updates on guidance and this year’s biggest labeling cases and federal and state enforcement actions
    • “Organic” — USDA/AMS
    • “No gluten”
    • “Trans Fat” — Cases
    • “Made in the USA” — Federal policies and CA legal developments
    • “Fortified Products”
  • Updates on this year’s biggest cases
    • Natural
    • “Just Mayo”
    • Trader Joe’s “Soy Milk”
  • Certifications from your Ingredient Supplier
    • The Role of certifications and indemnification in class action litigation

10:45
Morning Refreshment Break
11:15
Vermont‘s Mandatory GMO Labeling v. SAFL/The DARK Act: An Analysis of Pending States’ Legislation, Possible Federal Preemption and How it Changes How You Conduct Business

Evangelia C. Pelonis
Partner
Keller and Heckman LLP (Washington, D.C.)

Cameron Smith
Senior Director, Counsel
Herbalife (Los Angeles, CA)

  • Update on State legislation
    • VT ACT 120
    • California 17200 — Consumer Protection
    • Other recent state labeling legislation
  • The Safe and Accurate Food Labeling Act of 2015 or The DARK Act
    • Update on status and final changes
  • Implications for business practices

12:15
Networking Luncheon
1:30
Content Claims: The Last Frontier of Government Inquiry and Enforcement

Veronica Colas
Attorney
Hogan Lovells US, LLP (Washington, D.C.)

Adam Ekonomon
Senior Director and Assistant General Counsel, Marketing and Regulatory
The J.M. Smucker Company (Orrville, OH)

Melissa Chan Giambrone
Manager, Advertising Standards
NBCUniversal (New York, NY)

  • Recent guidance and warnings from the FDA
    • FDA Warning letters
    • Competitive challenges
  • With increased scrutiny of content claims: Do you have the necessary precautions in place?
    • Ingredient claims (real fruit, whole grain)
    • Nutrition claims (wholesome, nutritious)
    • What you didn’t know you were conveying in symbols and graphics — I.e. The vital distinction between a photo of a fruit and a caricature and other pitfalls
    • Fortified products
  • A Network Perspective on Content Claims

2:30
Networking Refreshment Break
3:00
Is There Room for Science in Social Media or is it Too Many Characters?

Laura J. Protzmann
Senior Counsel — Marketing
Unilever US (Englewood Cliffs, NJ)

Richard Wegener
Partner
Faegre Baker Daniels (Minneapolis, MN)

  • Intervening on bad “science” regarding your product
    • Protocols to catch misinformation before you hear in on the news
    • Utilizing Social Media to provide correct information without appearing defensive or attacking
  • If perception is reality than is brand desolation only one ill-informed post away?
    • Best practices to managing the PR crisis

4:00
The Devil is in the Details: Ensuring Consumer Surveys Can Actually Substantiate Claims

Raqiyyah Pippins
Counsel
Arnold & Porter LLP (Washington, DC)

Mona B. Wolf
Chairman of ASTM Claim Substantiation Guide Task Group President
The Wolf Group (Cincinnati, OH)

  • Structure and timing
  • What language should you avoid to ensure your research is considered legitimate?
  • The pros and cons of pre-complaint v. mid litigation surveys
  • Team players: Who should and shouldn’t be involved in the process
  • Other considerations that can come up during litigation
  • Survey experts
  • Matching demographics
  • Ensuring respondent actually consumes product
  • Means of survey taking that open themselves up to the greatest challenges
  • Utilizing surveys to avoid litigation by providing claim substantiation in response to a cease and desist letter
  • Pre-emptive strikes: Implications of surveys conducted for commercialization that could be discoverable and utilized against you
  • Think like your competitor: What about your preliminary research could substantiate your claim in preparation for a challenge

5:00
Conference Adjourns to Day Two

Day 2 - Wednesday, May 11, 2016

9:00
Registration and Continental Breakfast
9:45
Co-Chairs Welcoming Remarks

Adam Ekonomon
Senior Director and Assistant General Counsel, Marketing and Regulatory
The J.M. Smucker Company (Orrville, OH)

Randy Liebowitz
Legal Director
PepsiCo Inc. (Purchase, NY)

10:00
Surveys and Their Role in Proving Consumers’ Perceptions of Ads

Anu Gokhale
Attorney
National Advertising Division (New York, NY)

David G. Mallen
Partner
Loeb & Loeb LLP (New York, NY)

Neil A. F. Popović
Partner
Sheppard Mullin Richter & Hampton LLP (San Francisco, CA)

  • Lessons learned from recent cases on consumer perception
    • ECM Bio Films, Inc.
    • Oil of Olay Ultra Moisture Bar
    • Vogue OGX Shampoos and Conditioners
  • Consumer Surveys: Their Impact Before and During Litigation
    • Specific terms and structure of surveys to protect against potential value added claims
    • Utilizing research to proving how claims or words impact the “value” of your product

11:00
Morning Refreshment Break
11:15
Advertising to Children and Parents: Remaining in Compliance with FTC Guidance and COPPA

Elaine D. Kolish
Vice President & Director
Children’s Food & Beverage Advertising Initiative (Arlington, VA)

Phyllis B. Spaeth
Associate Director
Children’s Advertising Review Unit (New York, NY)

Lauren Aronson
Counsel
Manatt, Phelps & Phillips, LLP (Washington, DC)

  • Update on this year’s cases, guidance and warning letters
  • What you need to know about marketing directed to adults about products for children
  • Adapting marketing messages for schools
  • Social Media and Internet Specific Considerations
  • Ins and outs of in-app purchases and parental consent
  • YouTube Kids app and the battle “not paid” advertisements and product placement
  • Less TV but more social media ads: Who’s responsible for children’s health?

12:15
Networking Lunch
1:30
The First Amendment and Marketing — What Amarin, Bayer and POM Wonderful Will Really Mean for the Promotion of Food and Beverage Products

Anthony Anscombe
Partner
Sedgewick LLP (Chicago, IL)

Zachary Chapman
Corporate Counsel
TreeHouse Foods, Inc. (Oak Brook, IL)

  • Reviewing the continuing tension between the First Amendment and the FDA’s and FTC’s regulations
  • What do these recent decisions mean for the food and beverage industries?
    • What are the practical translations of how government is proceeding in its restrictions on advertising?
    • What risks should you take at this early stage of the game?
  • Exploring specific examples and case studies of what may and may not be allowed under these decisions

2:45
Afternoon Refreshment Break
3:00
Public Trust or Lack Thereof: An Industry Conversation About Increasing Consumer Trust for the Betterment of the Food and Beverage Industry

Jonathan W. Emord
Principal
Emord & Associates, P.C. (Clifton, VA)

Jim Emme
CEO
NOW Foods (Bloomindale, IL)

Join us in a candid conversation about developments in the public’s distrust of labeling, advertising and information disbursed about food and beverage products. Don’t miss this vital post-conference discussion amongst audience industry leaders and event speakers as they benchmark as to what the industry as a whole can do to increase the public’s trust and improve consumer relationships in a way that will be notable to your company’s bottom line.

4:00
Main Conference Adjourns

Day 3 - Thursday, May 12, 2016

8:30
Registration and Continental Breakfast
9:00
Master Class on Upgrading your Advertising Compliance Program: What Risk Management Lessons Can be Gleaned from those in the Class Action Trenches

Mary E. Buckley
Attorney
Sedgwick LLP (Chicago, IL)

Thomas J. Sullivan
Partner
Morgan Lewis (Philadelphia, PA)

Anthony Anscombe
Partner
Sedgewick LLP (Chicago, IL)

  • Ascertainability
    • What we have learned from recent cases:
    • Carrera v. Bayer
    • Jones v. Conagra
    • POM Wonderful
    • Data mining customer loyalty programs: How to prepare for their possible role in proving or denying class members’ eligibility
  • Balancing litigation exposure with the risk of doing business
    • Considerations in risk analysis
    • Steps to implement early on to save time and resources
    • Strategies to measure what campaigns and ad strategies are worth the exposure
    • Modifying ads, posts, and marketing plans to reduce the level of risk or potential damages
  • Update on California class actions and what might be coming for the rest of the nation
    • Those who have gone before: A look at successful defense cases in California
    • Lessons Learned: What are the applicable compliance takeaways from the current Damages Models

​9:00 a.m. – 12:00 p.m.

12:00
Registration and Luncheon for attendees of both workshops
1:00
Social Media Working Group: A Practical and Interactive Forum on What to do and NOT to do in the Digital World to Maximize Branding and Minimize Risk

Monique N. Bhargava
Attorney
Winston & Strawn LLP (Chicago, IL)

Randy Liebowitz
Legal Director
PepsiCo Inc. (Purchase, NY)

  • Ensuring claims made and information conveyed on the internet accurately depicts product information and are substantiated
  • SEO: The benefits and pitfalls of Search Engine Optimization
    • How certain word purchases can lead to allegations of claim making
  • Native Advertising
    • Influencers and Celebrities and FTC endorsement guidelines
      • To Retweet or not to Retweet and the potential fallout
      • Asking Celebrities questions or tweeting at them when they mention your brand
  • Employees and Social Media: The Good, The Bad and The Ugly
    • Employees promotional product posts and the failure to disclose their relationship with the company
    • Analyzing an employee’s right to engage in “protected concerted activities” while safeguarding the company’s reputation and maintaining a professional work environment
  • User Generated Content (UGC) and IP Rights
    • Protocols to catching user’s posting protected third party content
    • Licensing images and obtaining other rights necessary to utilize content
    • Navigating copyright matters and obtaining approval from the consumer to republish
  • Pitfalls in the use of gift cards, discounts and coupons in advertising, including tools like Groupon
  • Approval policy
    • Protocols to ensure all channels and stakeholders approve before anything is “Sent”
    • Takedown notices: Educating marketers on media outlets who are excluded and have fair use or free speech
  • Internet of Things: How to prepare now for where the digital world is heading
  • Adaptation: Adapting checks and balances for smaller and mid-size companies

1:00 p.m. – 4:00 p.m.