Pre-Conference Workshops

Food Law and Regulation 101: A Primer on Applicable Laws, Regulations and Key Agencies Having Authority over Food

Jul 2020

Speakers

Riëtte van Laack
Director
Hyman, Phelps, & McNamara, P.C.

CBD and Cannabis Working Group for the Food Industry: Making Sense of the Confusing Regulatory State of Affairs

Jul 2020

Speakers

Rend Al-Mondhiry
Partner
Amin Talati Wasserman LLP (Washington, DC)

Justin J. Prochnow
Shareholder
Greenberg Traurig

Benjamin Witte
Founder and CEO
Recess (New York, NY)

Day 1

8:00	Virtual Conference Login
8:15	Co-Chairs’ Opening Remarks
8:35	IN-HOUSE COUNSEL FUTURE FORECASTS ROUNDTABLE Analyzing the Latest Trends, Deciphering Recent Regulatory Developments, and Anticipating Potential Liabilities for Food Companies
9:35	Morning Break
10:00	PLANT-BASED FOODS UPDATE Plant-Based “Meats” and “Milks”: Examining the Standards of Identity and FDA’s/USDA’s Anticipated Regulatory Platform
11:00	SPOTLIGHT SESSION Using CBD Hemp Oil in Food Products
12:00	Lunch Break
1:00	Class Action Strategies: Evolving Theories, Defense Tactics, and Resolutions
2:00	Afternoon Break
2:20	KEYNOTE with the USDA
3:30	FDA and USDA Rule Roundup
5:00	Conference Adjourns to Day Two

Day 2

8:30	Virtual Conference Login
8:45	Co-Chairs’ Opening Remarks and Recap of Day One
9:00	Understanding the Impact of the Current Trade and Tariff Environment on the Food Industry
10:00	Examining the Latest Prop 65 Developments
11:00	Morning Break
11:20	FOCUS ON RECALLS AND CRISIS MANAGEMENT Examining Incidents that Give Rise to Reporting Obligation and Recalls
12:00	Lunch Break
1:00	Developing Effective Crisis Management Strategies that Work in Tandem with a Recall Plan
2:00	SUPPLY CHAIN MANAGEMENT Maintaining the Integrity of the Supply Chain by Working Effectively with Your Suppliers
3:00	Afternoon Break
3:20	Addressing the Transparency Challenges within the Global Supply Chain
4:20	ALLERGENS ROUNDUP Allergens: The Liability Implications of Voluntary Disclosures and Recalls
5:05	Conference Ends

Post-Conference Workshop

Food Advertising & Marketing Law Master Symposium

Jul 2020

Day 1

8:00	Virtual Conference Login
8:15	Co-Chairs’ Opening Remarks Heili Kim Partner Faegre Drinker Biddle & Reath LLP (Washington, DC) Danielle Lemack Assistant General Counsel HP Hood LLC
8:35	IN-HOUSE COUNSEL FUTURE FORECASTS ROUNDTABLE Analyzing the Latest Trends, Deciphering Recent Regulatory Developments, and Anticipating Potential Liabilities for Food Companies Mark Leonard General Counsel Jelly Belly Candy Company (Fairfield, CA) Charles C. Sipos Partner Perkins Coie LLP (Seattle, WA) Join this panel of esteemed in-house counsel for an in-depth discussion of day-to-day legal challenges associated with new industry trends, regulatory developments and anticipated risk. Examining the greatest challenges in-house counsel face now with respect to the current state of the food industry Balancing the need to be innovative and in step with consumer preferences with legal and regulatory requirements Developing strategies to employ when your company faces a claim Devising tactics for legal and sales and marketing teams to collaborate better From where do in-house counsel expect to see potential liabilities arising? Developing best practices for responding to pre-suit notice letters
9:35	Morning Break
10:00	PLANT-BASED FOODS UPDATE Plant-Based “Meats” and “Milks”: Examining the Standards of Identity and FDA’s/USDA’s Anticipated Regulatory Platform Heili Kim Partner Faegre Drinker Biddle & Reath LLP (Washington, DC) Kimberly Pryor General Counsel JBS USA (Greenly, CO) This session will focus on the most recent developments involving protein-alternative foods as well as the actual and anticipated regulatory framework governing these products. Exploring the latest developments with respect to the standards of identity for: Plant-based “meat” products Plant-based dairy alternatives Plant-based vs. lab-grown meat: What are the different regulatory requirements? Examining the anticipated FDA/USDA regulatory framework Analyzing the various states’ approaches to plant-based “meats” and “milks”: Will the current approaches by some states result in a state-by-state patchwork? What can a company interested in advertising a product that doesn’t fit a particular standard of identity do at this time? Suggested ways for mitigating risk posed by plaintiffs’ attorneys and various state laws What are the anticipated class action theories? Process for developing and labeling of protein-alternative foods When developing these products, what are the premarket requirements? What needs to be submitted to the FDA/USDA? How can safety be established? How long is it expected this process to take?
11:00	SPOTLIGHT SESSION Using CBD Hemp Oil in Food Products D. Michael Stroud Jr. Partner Nossaman LLP (Washington, DC) Jeffrey Brams GC, & VP R&D and Regulatory Garden of Life, LLC (Palm Beach Gardens, FL) This session will provide a state of the union of law and regulation concerning the use of CBD-Hemp oil in food products. The speakers will assess the legalities, practicalities, and realities surrounding the use of CBD in food and other related FDA-regulated consumer products.
12:00	Lunch Break
1:00	Class Action Strategies: Evolving Theories, Defense Tactics, and Resolutions Hannah Y. Chanoine Partner O'Melveny & Myers LLP Andrew Tulumello Partner Gibson Dunn LLP Analyzing plaintiffs bar’s recent successful theories What kinds of claims are yielding results? Latest developments with the slack fill claims: are these claims here to stay? State of the union with respect to the “natural” “all natural” and “healthy” claims Has FDA’s formal guidance on healthy brought desired clarification? Examining the status of the geographic origin claims: what have been the recent developments? Devising actionable strategies for avoiding these claims Forecasting the next wave of class actions: Flavor claims – vanilla, chocolate, etc.
2:00	Afternoon Break
2:20	KEYNOTE with the USDA Dr. Denise Eblen Assistant Administrator Director Office of Public Health Science, USDA
3:30	FDA and USDA Rule Roundup Daniel Dwyer Partner Kleinfeld Kaplan & Becker LLP Maile Gradison Hermida Partner Hogan Lovells LLP Isha S. Saini Director, Regulatory Affairs Danone North America Nutrition Facts Label 2020 Implementation Analysis What will FDA’s enforcement of the new nutrition facts label look like given that food companies can use old labels until December 31st of 2019? Is it anticipated that the enforcement will start later than 2020? Understanding clean labeling What claims are currently high-risk claims and what can be done from a labeling perspective to reduce them? Examining the Status of the Implementation of Bioengineered Foods Disclosure Requirement Examining the developments with the implementation of the bioengineered food disclosure requirement Have food companies experienced any practical obstacles to the implementation Addressing the issues involving testing by the FDA, consumers, and competitors Developments with respect to FDA enforcement Analyzing the developments with the gene-edited foods and the industry’s push for gene-edited foods to not get the same reception as the GMO foods FSMA State of the Union Examining the FDA’s latest FSMA enforcement through inspections Is FSMA changing the way FDA inspects plants? Do food companies see this as a continuing challenge or not really? Analyzing the impact of the new executive order limiting FDA’s guidance applicability Examining the impact of FSMA’s regulation prohibiting food processors and suppliers to contract away and shift food safety responsibility onto the other party Exploring the role of AI and its potential impact on food safety enforcement
5:00	Conference Adjourns to Day Two

Day 2

8:30	Virtual Conference Login
8:45	Co-Chairs’ Opening Remarks and Recap of Day One
9:00	Understanding the Impact of the Current Trade and Tariff Environment on the Food Industry Michael Roll Partner Roll & Harris LLP (Los Angeles, CA) Identifying what foods/ingredients are being targeted right now? How to start reducing the cost of overhead as a food company relative to the trade environment? Devising practical strategies for companies to insulate themselves from the current negative effects of tariffs Exploring industry efforts to seek exclusion opportunities or sourcing their ingredients from areas not affected by tariffs Understanding the long-term effect of the current trade and tariff environment
10:00	Examining the Latest Prop 65 Developments Jennifer Elmer Senior Legal Counsel – Americas Barilla America, Inc. (Northbrook, IL) Stanley Landfair Partner Dentons LLP Carol J. Monahan Cummings Chief Counsel Office of Environmental Health Hazard Assessment (Sacramento, CA) Addressing plaintiffs’ attorneys successful arguments with respect to glyphosate Assessing California Chamber of Commerce’s suit against OEHHA over acrylamide Analyzing the latest enforcement actions involving Prop 65 Examining developments with synthetic colors and Perfluoroalkyl Substances (PFAS) Keeping the successful coffee example in mind, are there ways to keep ingredients off the Prop 65 list?
11:00	Morning Break
11:20	FOCUS ON RECALLS AND CRISIS MANAGEMENT Examining Incidents that Give Rise to Reporting Obligation and Recalls Brian P. Sylvester Special Counsel Foley & Lardner LLP When does the Reportable Food Registry reporting obligation arise? What events would prompt a food company to issue a recall? What sort of interactions should a recalling company have with regulators? How should parties within the supply chain address recall exposure among themselves? What contractual clauses are food companies using to transfer that risk? Addressing concerns around environmental positives and “Zone 1” Best practices for handling customer reports of positive tests Understanding the importance of and effectively handling CDC or public health agency investigations Exploring the use of block chain as a potential protection against recalls
12:00	Lunch Break
1:00	Developing Effective Crisis Management Strategies that Work in Tandem with a Recall Plan Danielle Lemack Assistant General Counsel HP Hood LLC Suzanne Trigg Partner Haynes and Boone, LLP Devising effective crisis management and communication plans Exploring cost-efficient ways for developing a message and addressing customers’ expectations Managing various regulatory and legal considerations during a crisis Working with outside experts and PR firms while maintaining attorney-client privilege
2:00	SUPPLY CHAIN MANAGEMENT Maintaining the Integrity of the Supply Chain by Working Effectively with Your Suppliers Jonathan Cohen Partner K&L Gates LLP Stuart M. Pape Shareholder Polsinelli PC What do ingredients suppliers need to focus on to make sure their customers are comfortable with various suppliers’ assurances and certifications? What third-party certifications are among the most useful for ingredients suppliers to obtain in order to help their customers’ compliance efforts? How can food companies protect themselves against supplier fraud?
3:00	Afternoon Break
3:20	Addressing the Transparency Challenges within the Global Supply Chain David Biderman Partner Perkins Coie LLP Brandon W. Neuschafer Partner Bryan Cave Leighton Paisner LLP This session will explore challenges that food processors face given the global nature of the supply chains and the call for transparency and sustainability. Examining the role of 3rd-party certifications as it relates to supply chain transparency Exploring legal challenges surrounding 1st party certification programs Developing best practices for assuring consumers regarding corporate responsibility associated with supply chains Sustainable sourcing and production Child labor/forced labor Animal welfare Packaging and plastic reuse Examining the latest developments with respect to FDA’s enforcement of the Foreign Supplier Verification Program
4:20	ALLERGENS ROUNDUP Allergens: The Liability Implications of Voluntary Disclosures and Recalls Timothy Dietrich Partner Barley Snyder LLP Trent Taylor Partner McGuireWoods LLP Addressing regulatory and liability implications of voluntary allergen disclosures Incorporating allergen controls into CGMPs When does an undisclosed allergen trigger a recall? Exploring emerging regulatory and liability developments concerning allergens
5:05	Conference Ends

Food Law and Regulation 101: A Primer on Applicable Laws, Regulations and Key Agencies Having Authority over Food

Jul 2020

Riëtte van Laack
Director
Hyman, Phelps, & McNamara, P.C.

What is it about?

This primer will provide attendees with an essential an in-depth working knowledge of the cornerstone laws and regulations applicable to food as well as the administrative bodies responsible for the regulation of food. The discussions during this workshop will set the stage for the main conference by helping you thoroughly comprehend the complexities and challenges associated with the laws, regulation and governance of food.

Defining the terms “food” and “beverage” as per the Food, Drug and Cosmetic Act
Overview of governing agencies having jurisdiction and authority over food regulation
Understanding the role of the Department of Health and Human Services in food regulation
- U.S. Food and Drug Administration (FDA)
- National Institutes of Health (NIH)
- Center for Disease Control (CDC)
Review of applicable laws from which FDA derives its authority over food regulation
- Food, Drug, and Cosmetics Act (FDCA)
- Fair Packaging and Labeling Act
- Food Safety Modernization Act (FSMA)
Comprehending the U.S. Department of Agriculture’s (USDA’s) authority in food regulation and how it compares to that of FDA’s authority
- Food Safety and Inspection Service
Review of applicable laws from which USDA derives its authority over food regulation
- Meat, Poultry, and Egg Products Inspection Acts
- Egg Products Inspection Act
- Federal Meat Inspection Act
- Poultry Products Inspection Act
Appreciating the FTC’s unique role in food regulation
- Federal Trade Commission Act
- The Lanham Act
Identifying other applicable agencies responsible for food regulation
- Department of Commerce
- Department of Transportation
- Department of Justice
Overview of other laws governing or otherwise impacting the regulation of food products
- Public Health Service Act
- Poultry Products Inspection Act
- Bioterrorism Act
- Sanitary Food Transportation Act

CBD and Cannabis Working Group for the Food Industry: Making Sense of the Confusing Regulatory State of Affairs

Jul 2020

Rend Al-Mondhiry
Partner
Amin Talati Wasserman LLP (Washington, DC)

Justin J. Prochnow
Shareholder
Greenberg Traurig

Benjamin Witte
Founder and CEO
Recess (New York, NY)

What is it about?

What are the differences between seed which is safe, CBD oils and variants of CBD generally not recognized as safe?
- CBD as permissible in certain circumstances while THC is not
What is FDA’s current stance on the uses of CBD in food products?
What does state-level regulation look like?
In the absence of FDA’s regulation and resultant state activity, what is a suggested strategy for food companies to employ at this time?
What can companies who are currently launching products containing CBD expect to see from FDA?
- Marketing and labeling: Addressing the effect of making claims that can’t be substantiated
What are the anticipated claims involving CBD products?
Should food companies which are not currently using CBD products anticipate litigation risks if CBD products accidentally enter their supply chain through cross-contamination?

Food Advertising & Marketing Law Master Symposium

Jul 2020

What is it about?

Purchase Recording

Jul 17, 2020 9:00am – 5:00pm

9:10	Virtual Conference Login
9:25	Co-Chairs’ Opening Remarks Matt Griffin Deputy General Counsel Ferrara Candy Company (Oakbrook Terrace, IL)
9:40	Fostering Greater Collaboration Between Legal and Marketing Teams for the Food Industry: Encouraging Inter-Departmental Cooperations to Work Together Effectively Matt Griffin Deputy General Counsel Ferrara Candy Company (Oakbrook Terrace, IL) Understanding how marketing professionals within the food industry think through the claim development process Comprehending the importance of including legal departments during the research and development stage of a food product What do they need from a legal department in order to effectively perform their jobs? Developing an early cross-communication strategy between R&D, Marketing, and Legal departments in the food industry Communicating effectively with claims substantiation team members so that they understand the risks of pursuing a particular claim Suggesting adjustments to food claims language to reach the joint goal of developing a creative and a compliant claim
10:10	Morning Break
10:30	CLAIM SUBSTANTIATION Examining the Latest Claims Substantiation Trends Impacting the Food Industry Alexander Goldman Attorney National Advertising Division, BBB National Programs, Inc. (New York, NY) Understanding how to properly substantiate claims such as “non-GMO,” and organic, sourcing records on farms, seeds used in crops in order to trace them back to the food products, etc. How does a marketing department’s risk tolerance impact how food claims are handled? How far back in the food supply chain does substantiation need to take place Health claims: Competent and reliable scientific evidence – what kind of evidence is considered enough? Exploring the slippery slope of implied health claims (e.g., picture/ impression of an advertisement, using language that suggests that a product is better/more nutritious) Determining the level of substantiation needed for broader food claims When making a specific food claim, when is it a claim and when is it puffery? Dietary Supplements: Lessons learned from FTC’s latest warning letters and enforcement actions Examining related FDA activity
11:15	NAD and FTC Townhall David O’Toole Senior Staff Attorney Federal Trade Commission (Wilmette, IL) Eric Unis Attorney National Advertising Division, BBB National Programs (New York, NY) Hear directly from the FTC and NAD on how they evaluate various claims in food advertisements and criteria they use to make these assessments.
12:00	Lunch Break
1:00	Examining How to Successfully Manage Social Media Campaigns Related to Food Products Megan K. Bannigan Partner Debevoise & Plimpton LLP (Washington, D.C.) Developing techniques for a successful social media campaign involving food products Implementing an actionable social media policy Best strategies for training non-lawyers to review tweets Right of publicity Use of 3rd party content Copyright and trademark concerns Exploring effective ways for advertising on new social media platforms such as Twitch and TikTok as compared to Facebook, Instagram, or Twitter Addressing the challenges of complying with various platforms’ rules in addition to complying with legal requirements
1:45	Mitigating Risks Associated with User-Generated Content for Food Steve P. Blonder Principal and Management Committee Member Much Shelist, P.C. (Chicago, IL) David G. Mallen Partner Loeb & Loeb LLP (New York, NY) How can food companies and advertisers use customer reviews in their advertising? Establishing protocols for food companies to safely adopt a customer review Developing guidelines for testimonials Assigning the responsibility of the advertiser and the manufacturer for claims made in customer reviews When and how to disclose whether reviewers are compensated? Analyzing recent FTC enforcement actions
2:30	Clarifying the Role of Influencers/Virtual Influencers in the Food Industry Andrew B. Lustigman Partner Olshan Frome Wolosky LLP Implementing best practices for engaging with influencers » Can they say what a food company isn’t allowed to say about its product? How to most effectively audit what influencers say Contracting with influencers: What are a food company’s obligations toward influencers and vice versa? When having a contract is not enough: Making sure on an ongoing basis that influencers disclose their engagement by a food company What legal challenges should the food industry be cognizant of with respect to virtual influencers? Understanding why what a virtual influencer says is not considered a testimonial
3:15	Afternoon Break
3:35	Understanding the Role of Sweepstakes, Contests and Loyalty Programs in Food Advertising Raqiyyah Pippins Partner Arnold & Porter Kaye Scholer LLP (Washington, D.C.) Gonzalo E. Mon Partner Kelley Drye (Washington, DC) Identifying the rules of the road with respect to the use of loyalty programs, sweepstakes, and contests by food companies Addressing ways for implementing these programs effectively Pepsi’s example of integrating an entirely new loyalty program
4:35	Addressing the Unique Challenges of Children’s Advertising in the Food Industry Amy Ralph Mudge Partner Baker & Hostetler LLP (Washington, D.C.) Dona Fraser Vice President Children’s Advertising Review Unit, BBB National Programs (New York, NY) Sarah Abramson Kellogg Company Exploring CARU’s recent agenda and priorities relative to the substantiation of food claims in children’s advertisements Utilizing necessary disclosures when communicating with a child audience Understanding that a parent is the focus of the food ad and related claims as opposed to a child Ensuring endorsers meet the necessary substantiation requirements for advertising to children Discussing potential penalties for misrepresenting a food product to a child
5:15	Symposium Ends

Food Law – Regulation, Compliance and Litigation

July 2020

Agenda

Pre-Conference Workshops

Jul 2020

Jul 2020

Day 1

Virtual Conference Login

IN-HOUSE COUNSEL FUTURE FORECASTS ROUNDTABLE

Morning Break

PLANT-BASED FOODS UPDATE

SPOTLIGHT SESSION

Lunch Break

Afternoon Break

Conference Adjourns to Day Two

Day 2

Virtual Conference Login

Morning Break

FOCUS ON RECALLS AND CRISIS MANAGEMENT

Lunch Break

SUPPLY CHAIN MANAGEMENT

Afternoon Break

ALLERGENS ROUNDUP

Conference Ends

Post-Conference Workshop

Jul 2020

Day 1

Virtual Conference Login

IN-HOUSE COUNSEL FUTURE FORECASTS ROUNDTABLE

Morning Break

PLANT-BASED FOODS UPDATE

SPOTLIGHT SESSION

Lunch Break

Afternoon Break

Conference Adjourns to Day Two

Day 2

Virtual Conference Login

Morning Break

FOCUS ON RECALLS AND CRISIS MANAGEMENT

Lunch Break

SUPPLY CHAIN MANAGEMENT

Afternoon Break

ALLERGENS ROUNDUP

Conference Ends

Food Law and Regulation 101: A Primer on Applicable Laws, Regulations and Key Agencies Having Authority over Food

What is it about?

CBD and Cannabis Working Group for the Food Industry: Making Sense of the Confusing Regulatory State of Affairs

What is it about?

Food Advertising & Marketing Law Master Symposium

What is it about?

Jul 17, 2020 9:00am – 5:00pm

Fostering Greater Collaboration Between Legal and Marketing Teams for the Food Industry: Encouraging Inter-Departmental Cooperations to Work Together Effectively

Examining the Latest Claims Substantiation Trends Impacting the Food Industry

NAD and FTC Townhall

Examining How to Successfully Manage Social Media Campaigns Related to Food Products

Mitigating Risks Associated with User-Generated Content for Food

Clarifying the Role of Influencers/Virtual Influencers in the Food Industry

Understanding the Role of Sweepstakes, Contests and Loyalty Programs in Food Advertising

Addressing the Unique Challenges of Children’s Advertising in the Food Industry

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Jul 17, 2020 9:00am – 5:00pm