Food Marketing, Advertising and Promotion Essentials: Ensuring Claims Compliance and Meeting Substantiation Standards Relative to Health, Nutrition, and Structure/Function Claims

November 14, 2017 8:30am

Adam M. Ekonomon
Vice President and Deputy General Counsel
The J. M. Smucker Company (Orrville, OH)

Miriam J. Guggenheim
Covington & Burling LLP

  • Overview of food product claims and applicable regulatory requirements
  • Understanding what you can and cannot say in food advertising and promotion
  • Examining the relationship between the food product label and advertising and promotion
  • Distinguishing FDA and FTC jurisdiction and authority relative to claims substantiation in food advertising and promotion
  • Crafting health benefit claims to avoid the risk of FDA deeming the product a drug
  • Identifying proofs required to substantiate product claims under FDA and FTC expectations
  • Ensuring claims compliance on websites and in social media
  • Understanding what recent enforcement actions reveal about food marketing and advertising vulnerabilities
  • Monitoring of food advertising by National Advertising Department of Better Business Bureau (NAD)
  • Exploring Lanham Act challenges relative to false and misleading claims for competitor products