Food Law – Regulation, Compliance and Litigation

May 2021

Agenda

Conference Program
Flip through our 2021 conference brochure and discover what’s new this year.

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Day 1

8:15	Co-Chairs’ Opening Remarks
8:30	Food for Thought in the Age of COVID-19: Legal and Regulatory Analysis of the Food Industry’s New Normal
9:30	The Politics and Policy of Food: What Can the Food Industry Expect Under a Biden Administration
10:15	Morning Break
10:30	LIVE POLLING Plant-Based “Meats” and “Milks”: Examining the Standards of Identity and FDA’s Anticipated Regulatory Platform
11:15	What Food Lawyers Need to Know About Growing Antitrust Actions Against the Industry
12:15	1:1 Networking
12:30	Lunch Break
1:15	Food Litigation Year in Review: Class-Action Strategies and Trends
2:15	CBD and Food: Understanding How the Federal and State of the Landscape Has Changed in the Last Year and What’s Next on the Horizon
3:15	Afternoon Break
3:45	FDA Rule Roundup
4:45	Closing Remarks and Conference Adjourns to Day 2

Day 2

9:00	Co-Chairs’ Opening Remarks
9:05	A Conversation with the FTC and NAD on Claims Substantiation and Social Media
9:45	Examining the Rise of Influencers in Food Marketing
10:45	Morning Break
11:15	Ode to California: Understanding the Golden State’s Impact on Food Industry
12:15	1:1 Networking
12:30	Lunch Break
1:15	LIVE POLLING Supply Chain Management: A Study in Sustainability, Traceability, Economic, and Environmental Impacts
2:00	Afternoon Break
2:15	FOCUS ON RECALLS Examining Incidents that Give Rise to Reporting Obligation and Recalls
3:00	Blind Spot: Where International Trade, Business Practices and Regulatory Compliance Collide
3:45	Closing Remarks and Conference Ends

Day 1

8:15	Co-Chairs’ Opening Remarks Stuart M. Pape Shareholder Polsinelli PC Suzie Trigg Partner Haynes and Boone, LLP
8:30	Food for Thought in the Age of COVID-19: Legal and Regulatory Analysis of the Food Industry’s New Normal Andrea Bruce Assistant General Counsel, Regulatory & M&A The Hershey Company Cindy Kruger Chief Counsel – Food Safety & Regulatory PepsiCo Tony Pavel Senior Food Lawyer, Global Food Law Team Lead Cargill In this session, leading in-house counsel will dissect and analyze major COVID-19 related implications and adaptive approaches to compliance in light of this evolving atmosphere. Anticipating changing FDA priorities for the food industry in light of the pandemic and New Administration Developing an effective COVID response plan and strategy for implementation Labeling flexibility in the context of COVID Analyzing provisions being incorporated into contracts that address pandemic time operations Facilities management Contracts, suppliers, customers Best practices for employee safety and vaccine protocol Preparing for remote audits and inspections Addressing claim substantiation challenges relative to COVID-19 Developing protocols for responding to pre-suit notice letters
9:30	The Politics and Policy of Food: What Can the Food Industry Expect Under a Biden Administration Jennifer Brown General Counsel Farmer Bros. Co. Lauren Medoff Senior Counsel 7-Eleven, Inc. John W.M. Claud Assistant Director, Consumer Protection Branch U.S. Department of Justice Moderator: Suzie Trigg Partner Haynes and Boone, LLP A New Administration yields new priorities for the Food Industry. This session will cover what impact the Biden Administration will have on the food industry including the impact of anticipated leadership changes at FDA, USDA, and Congress.
10:15	Morning Break
10:30	LIVE POLLING Plant-Based “Meats” and “Milks”: Examining the Standards of Identity and FDA’s Anticipated Regulatory Platform Laura Braden Regulatory Counsel The Good Food Institute Melissa Card-Abela Senior Regulatory Counsel Whole Foods Market Evangelia C. Pelonis Partner Keller and Heckman LLP Exploring the latest developments on standards of identity for: Plant-based “meat” products Plant-based dairy alternatives Examining the anticipated new FDA regulatory framework Analyzing the various states’ approaches to plant-based “meats” and “milks” Questions of preemption Understanding the process for developing and labeling of protein-alternative foods Analyzing the latest court decisions on meat and dairy products regarding labeling and usage requirements by plant-based food companies Defining “plant-based” and understanding when it’s a marketing advantage
11:15	What Food Lawyers Need to Know About Growing Antitrust Actions Against the Industry Karin F.R. Moore Director Hyman, Phelps & McNamara, P.C. Ryan C. Tisch Partner Crowell Moring Amy Hancock General Counsel/EVP, Legal and Regulatory Affairs American Beverage Association In recent years, the food industry has been the target of growing antitrust scrutiny from both federal and state government authorities and private plaintiffs. This investigatory trend has been amplified with the pandemic. This session will explore this anticompetitive scrutiny through the following points of discussion: Examining price fixing allegations in the food industry pre and post-pandemic Exploring the impact of industry mergers resulting in alleged anticompetitive behaviors Anticipating increased antitrust scrutiny of the industry in the New Administration Analyzing recent anti-trust class-action claims: Chick-fil-A, Inc. v. Agri Stats, Inc Walmart v. Agri Stats, Inc
12:15	1:1 Networking Take advantage of 1:1 speed networking and direct video chats with fellow conference participants. Your next legal team, business partner, or client could be right in one of our virtual networking rooms — it is up to you to find them!
12:30	Lunch Break
1:15	Food Litigation Year in Review: Class-Action Strategies and Trends Jennifer Elmer Senior Legal Counsel – Americas Barilla America, Inc. (Northbrook, IL) Danielle Lemack Assistant General Counsel HP Hood LLC Justin J. Prochnow Shareholder Greenberg Traurig Moderator: Trent R. Taylor Partner McGuireWoods LLP In this session, leading food industry litigators will discuss and analyze the recent trends in industry class-action lawsuits. Analyzing the trends and defense strategies in recent class-action lawsuits Flavor labeling and characterizing flavor of a product Exploring risk assessment related to litigation trends Redefining reasonable consumer standards Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel
2:15	CBD and Food: Understanding How the Federal and State of the Landscape Has Changed in the Last Year and What’s Next on the Horizon Kelly Fair General Counsel Canopy Growth Jeffrey Brams GC, & VP R&D and Regulatory Garden of Life, LLC Brandon W. Neuschafer Partner Bryan Cave Leighton Paisner LLP Benjamin Witte Founder and CEO Recess Understanding the FDA’s current stance on the uses of CBD in food products Anticipating a new federal stance toward CBD in the New Administration Identifying what state-level regulation looks like Developing best practices for avoiding litigation Identifying the anticipated claims involving CBD products
3:15	Afternoon Break
3:45	FDA Rule Roundup Miriam J. Guggenheim Partner Covington & Burling LLP Maile Gradison Hermida Partner Hogan Lovells LLP New Era of Smarter Food Safety Blueprint Analyzing the blueprint and understanding how this will affect the food industry Identifying the differences between the latest and previous blueprint Understanding the FDA’s current and anticipated priorities for food, e.g., smarter tools for prevention, outbreak response, importance of food safety culture, new business model, and modernized approach to retail and food safety, and identifying how these changes will affect marketing claims Examining the Status of the Implementation of Bioengineered Foods Disclosure Requirement Examining the developments with the implementation of the bioengineered food disclosure requirement Determining if food companies experienced any practical obstacles to the implementation Addressing challenges involving testing by the FDA, consumers, and competitors Understanding any changes to FDA enforcement Analyzing the developments with the gene-edited foods and anticipating why the industry’s push for gene-edited foods may not get the same reception as the GMO foods FSMA State of the Union Examining the FDA’s latest stage of FSMA implementation Analyzing the impact of the new Executive Order limiting FDA’s guidance applicability Exploring the impact of FSMA’s regulation prohibiting food processors and suppliers to contract away and shift food safety responsibility onto the other party Allergen Controls, Disclosures and Risks Addressing liability implications of voluntary allergen disclosures Assessing allergen controls and cGMP’s in manufacturing Identifying when an undisclosed allergen initiates a recall Understanding emerging allergen regulatory and liability developments
4:45	Closing Remarks and Conference Adjourns to Day 2

Day 2

9:00	Co-Chairs’ Opening Remarks
9:05	A Conversation with the FTC and NAD on Claims Substantiation and Social Media Richard L. Cleland Division of Advertising Practices Federal Trade Commission Kathleen Dunnigan Senior Staff Attorney National Advertising Division Moderator: Stuart M. Pape Shareholder Polsinelli PC Hear directly from the FTC and NAD on how they evaluate various food claims in the Social Network.
9:45	Examining the Rise of Influencers in Food Marketing Gina Bianchi Deputy General Counsel, General Secretary Danone North America Katie Bond Partner Lathrop GPM LLP Melanie Glover Corporate Legal Counsel Perrigo Company plc Amy Ralph Mudge Partner Baker & Hostetler LLP Understanding the relationship between influencer claims, testimonials and consumer reviews relative to claims substantiation Identifying what every food industry attorney should know about the FTC’s influencer guidance is affecting influencer use Analyzing NAD’s and the FTC’s robust set of guideline and standards for how influencers and advertisers need to take responsibility in informing consumers that they are targeting Exploring key elements that you should include in influencer contracts Evaluating protections afforded by disclosures Analyzing the use of new and emerging social media TikTok, Instagram, Snapchat Comprehending the extent to which consumer permission is needed to repurpose reviews Grasping the implications of reviews on Amazon and other third-party websites Addressing the challenges of complying with various platforms’ rules in addition to complying with legal requirements Understanding the Supreme Court’s decision to address marketing done via text messaging Developing best practices and obligation overview for companies to stay complaint as more consumers shop online
10:45	Morning Break
11:15	Ode to California: Understanding the Golden State’s Impact on Food Industry Heather Antoine Partner Stubbs, Alderton & Markiles, LLP Robert S. Schuda Partner, Environment and Natural Resources Dentons US LLP (California/Los Angeles) Mark Leonard General Counsel Jelly Belly Candy Company Analyzing the New California Privacy Act and anticipating its impact on the food industry Assessing whether other states will follow suit Comparing and contrasting the CCPA with GDPR: identifying similarities and differences Examining the latest Prop 65 enforcement activity Exploring plaintiffs’ attorneys’ successful arguments concerning glyphosate Evaluating developments with synthetic colors and Perfluoroalkyl Substances (PFAS) Understanding changes to short form warnings Anticipating the re-introduction of California’s single use plastic law after its rejection last fall and taking steps to prepare for its adoption
12:15	1:1 Networking Take advantage of 1:1 speed networking and direct video chats with fellow conference participants. Your next legal team, business partner, or client could be right in one of our virtual networking rooms — it is up to you to find them!
12:30	Lunch Break
1:15	LIVE POLLING Supply Chain Management: A Study in Sustainability, Traceability, Economic, and Environmental Impacts Timothy Dietrich Partner Barley Snyder LLP Christopher Van Gundy Partner, Business Trial Practice Group Sheppard Mullin As interest of where food comes from and how it was made grows, it’s important for companies to ensure their practices comport with consumer-driven calls for environmental protection, sustainability, and human rights. Developing best practices in supply chain management to ensure transparency and create trust to enhance brand protection Vetting suppliers to ensure ethical sourcing and human rights compliance Assuring consumers about reliability and moral rectitude of supply chains Sustainable sourcing and production Child labor/forced labor Animal welfare Packaging and plastic reuse Organic authenticity and fraud prevention Understanding the impact of COVID-19 on food manufacturing Identifying what ingredients suppliers need to focus on to make sure their customers are comfortable with various suppliers’ assurances and certifications
2:00	Afternoon Break
2:15	FOCUS ON RECALLS Examining Incidents that Give Rise to Reporting Obligation and Recalls Daniel Dwyer Partner Kleinfeld Kaplan & Becker LLP Meredith Quinn Olearchik Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law Campbell Soup Company Identifying events which would prompt a food company to issue a recall Determining whether the pandemic is affecting supplier ability to ensure quality standards and maintain control Analyzing recent food born illness outbreaks and the FDA’s response Developing best practices for recalls Invoking crisis management protocols Analyzing allergen labeling recalls and liability Understanding industry outbreaks What we have learned about prevention and response for these as well
3:00	Blind Spot: Where International Trade, Business Practices and Regulatory Compliance Collide Mark FeDuke, MSc Director Trade Compliance & Policy VLM Foods USA Ltd From Brexit to the Safe Foods for Canadians Act as well as FSMA enforcement and proposed changes to U.S. organic food regulation. This closing session will detail why companies engaged in international trade need to rethink how their logistics and quality control departments address compliance and whether their business practices create rather than mitigate enterprise risks.
3:45	Closing Remarks and Conference Ends

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