Post-Conference Workshop B – Food Claims Regulation Master Class: Today’s Consumer Friendly Marketing and What is on the Horizon

Nov 15, 2017 9:00am – 12:00pm

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

(Registration Opens at 8:30 pm)   This unique workshop will take your knowledge of food to the next level by addressing innovative topics, which will greatly impact the future of the laws and regulations governing food. Outside influences from social movements to dietary demands to scientific advancements have put such matters as natural and organic, GMO and gluten-free into the spotlight. Our workshop leaders will address these topics, familiarize you with the regulatory essentials, and take you through a mock trial of an up-and-coming term. Points of discussion will include:   Keeping it Kosher: Understanding the Limits of the Terms Natural, Organic, and GMO   Despite, its call for public comment last spring, the FDA has yet to define the term ‘natural’. Instead, the agency has stated that it has “not objected to the use of the term if the food does not contain added color, artificial flavors, or synthetic substances.” As for the term organic, FDA has not defined the term, but has deferred to the authority of USDA through the Natural Organic Program (“NOP”).  
  • Exploring the significance of the FDA’s call for public comment concerning the term natural
  • Understanding why the FDA continues to be cautious about defining the term natural
    • Positions of other applicable agencies on the term ‘natural’
    • What of the designation of ‘natural’ to products other than food?
  • Assessing when the term ‘natural’ can or cannot be used for food products in light of agency pronouncements
  • Overview of USDA’s NOP program and requirements
  • Defining organic under the NOP program
  • Review of NOP standards
  • What is a GMO?
    • Understanding GMOs relationship to Organic
  • Identifying the FDA and USDA positions on GMOs and GMO labeling
  • Examining the FDA Non-GMO guidance document
  • Discussing the federal legislative measures that have superseded the state legislation on GMO labeling
  Fresh Terms: Demystifying the Legal Implications of Labels Consumers are Looking for Today
  • Free From Terms: Gluten-Free; Allergen Free; BPA Free; Sugar-Free; Fat Free
    • Overview of the Gluten-Free Food Labeling Final Rule
      • Understanding the importance of voluntary nature of the program
    • Definition of and requirements for gluten and gluten-free food
    • Status of proposed rule on for Gluten-Free Labeling of Fermented or Hydrolyzed Foods
    • The Food Allergen Labeling and Consumer Protection Act of 2004
  • Environmental
  • Animal Welfare Labels
    • Cage-Free
    • Free Range
    • Humane
  Mock Marketing Pitch Session   After a review of the more common terms above and how the different agencies have ruled on them, we will take this information to a mock marketing pitch session. This portion of the workshop will have attendees take the place of a decision-maker at a company and hear both the legal and marketing teams discuss a possible marketing campaign using one of these new hot terms and its possible merits and challenges. After both sides have discussed some possible options, attendees will vote on which option they think is in the best interests of the company. Providing hands-on experience with a real world situation professionals in the field often deal with, this is an excellent opportunity to do a deep dive into the development of these claims and gain deeper understanding of the process from all sides.