2023 Agenda
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Pre-Conference Workshop
Workshop A — Claims Substantiation Working Group on New Trend in Food Advertising and Promotion
Apr 17, 2023 9:00am – 12:30 PM
Speakers

Alex Beroukhim
Partner
Arnold & Porter

Daniel Range
NAD Attorney
BBB National Programs

Jason Stiehl
Partner
Crowell & Moring LLP
Day 1 - Tuesday, April 18, 2023
Day 2 - Wednesday, April 19, 2023
7:30 |
Continental Breakfast and Registration Opens |
8:30 |
Co-Chairs’ Opening Remarks |
8:45 |
Fireside Chat with USDA |
9:15 |
Morning Coffee Break |
9:30 |
It’s What’s on the Outside That Counts: Food Allergen Labeling and Other Major Developments in Labeling |
10:30 |
Evolution of Food Advertising and Marketing: From Print Ads to Social Media to the Metaverse |
11:30 |
Networking Luncheon |
12:30 |
Class-Action and Prop 65 Litigation Status Report for The Food Industry |
1:45 |
Afternoon Networking Break |
2:00 |
Anatomy of a Food Recall |
3:00 |
Co-Chairs’ Closing Remarks
|
Day 1 - Tuesday, April 18, 2023
7:30 |
Continental Breakfast and Registration Opens |
8:45 |
Co-Chair Opening Remarks![]() Nicole Nice ![]() Tony Pavel |
9:00 |
The Year in Review: Examining Critical Developments in Food Law and Regulation in the Last 12 Months and Anticipating What’s Next on the Horizon![]() Tony Pavel ![]() Nicole Nice This past year has seen a great deal of action in the food industry, including more record-breaking numbers of class action lawsuits, increased regulatory action and guidance, and ground-breaking innovation. We will take a high-level overview of the past year as a preview of the distinguished panels and topics to be covered in this conference. |
9:30 |
“Healthy,” What Does it Mean? Analyzing the FDA’s New Proposed Rule on Healthy and Understanding Its Potential Impact on the Food Industry![]() Jessica O’Connell ![]() Sarah Sunday
|
10:30 |
Morning Coffee Break |
11:00 |
FDA Regulation and New Frontiers in Food Ingredients: Cell Cultivated Meat, Alternative Proteins, Precision Fermentation![]() Bob Hibbert ![]() Emily Marden ![]() René Viñas This past fall, the FDA gave the first go ahead for a company to move forward on animal cellular technology for human food. This significant step opens the door for a new era of food, and a starting point for a brand new food product sector. This panel will cover this breaking development and several others.
|
12:00 |
Networking Luncheon |
1:15 |
Got Milk?: What The Food Industry Needs to Know About The FDA’s Proposed Guidance on Plant-Based Milks![]() Christian Flinn ![]() Stefanie Fogel ![]() Katia Merten-Lentz ![]() Billy Ng ![]() Stuart M. Pape
|
2:15 |
Afternoon Refreshment |
2:30 |
Being Environmentally and Socially Responsible: A Study in Evolving ESG Obligations for the Food Industry![]() Steve Blonder ![]() Jeff Brams ![]() Mark Leonard ![]() Katie Bond
|
3:30 |
Tracing Your Steps: What Every Food Lawyer Needs to Know About the FDA Final Rule on Traceability![]() Leigh Barcham ![]() Cindy Kruger ![]() Suzie Trigg ![]() Sharon Mayl
|
4:30 |
New Era of Food Packaging: Major Developments in Food Packaging and What is Still to Come in 2023 and Beyond![]() Dr. Keith Vorst ![]() Thomas S. Lee ![]() Nicole Nice
|
5:30 |
Co-chair Closing Remarks
|
Day 2 - Wednesday, April 19, 2023
7:30 |
Continental Breakfast and Registration Opens |
8:30 |
Co-Chairs’ Opening Remarks![]() Tony Pavel ![]() Nicole Nice |
8:45 |
Fireside Chat with USDA![]() Janell R. Kause During this informative Fireside chat, Janell Kause will discuss her role at FSIS, and the Agency’s regulatory approach to Salmonella in poultry (its “Salmonella initiative”), the regulatory process and administrative/legal requirements for the evidential basis, and evolution of FSIS’ Salmonella testing. Topics to include:
|
9:15 |
Morning Coffee Break |
9:30 |
It’s What’s on the Outside That Counts: Food Allergen Labeling and Other Major Developments in Labeling![]() Kristen Klesh ![]() R. Trent Taylor
|
10:30 |
Evolution of Food Advertising and Marketing: From Print Ads to Social Media to the Metaverse![]() Amy Mudge ![]() Mary Spurney ![]() Andrew Lustigman
|
11:30 |
Networking Luncheon |
12:30 |
Class-Action and Prop 65 Litigation Status Report for The Food Industry![]() Thomas A. Evans ![]() Jennifer Adams ![]() Sascha Henry
Prop 65
|
1:45 |
Afternoon Networking Break |
2:00 |
Anatomy of a Food Recall![]() Cindy Kruger ![]() Maile Gradison ![]() Nury Yoo Food recalls are some of the most feared occurrences in the food industry, and for good reason. Recalls have both legal, and public relations implications, and in order to minimize exposure both need to be handle promptly and properly. In this session, we will analyze the anatomy of a food recall, and assess some best practices to prepare/handle such occurrences.
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3:00 |
Co-Chairs’ Closing Remarks
|
Workshop A — Claims Substantiation Working Group on New Trend in Food Advertising and Promotion

Alex Beroukhim
Partner
Arnold & Porter

Daniel Range
NAD Attorney
BBB National Programs

Jason Stiehl
Partner
Crowell & Moring LLP
What is it about?
The continued explosion of social media, online marketplaces, and digital advertising has changed the landscape for food advertising. While these new platforms increase consumers’ interaction with food products, it also presents new and unique challenges for manufacturers and retailers relative to the claims made in their ads and across these various platforms and media.
In this session, panelists will help you understand what claims you can and cannot make in this new and continually evolving world of advertising and new media.
- Explore best strategies to avoid misleading advertising
- Understand the relationship between FDA, USDA, and FTC in the food arena
- Analyze FTC advertising guidelines (deception, substantiation, environmental, endorsements/ testimonials, Made in USA)
- Develop best practices for making health-related claims (e.g., natural, healthy, organic, non-GMO)
- Evaluate claims relative to high-profile ingredients (e.g., vitamins, milk, proteins, fruits, and vegetables) as opposed to/in addition to predominant ingredients
- Discuss potential penalties for misrepresenting a food product to a child
- Explore enforcement activity for unsubstantiated claims, including recent warning letters
- Examining the recent claim challenges for food products
- NAD challenges
- Class actions