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Pre-Conference Workshops

Workshop A — Recall Management Working Group: Building A Comprehensive Roadmap for Effectively Navigating a Food Product Recall and Managing the Fallout

Apr 29, 2024 9:30am – 12:30 PM

Speakers

Dean N. Panos
Partner
Jenner & Block LLP

Cynthia L. Meyer
Partner
Kleinfeld, Kaplan, and Becker LLP

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Thomas Monroe
Vice President, Chief Counsel – Litigation & Crisis Management
Kellanova

Workshop B — Strategy Session on Minimizing PFAS Risks: Navigating the Growing Patchwork of State PFAS Laws and Preventing Your Company from Becoming a Class Action Target

Apr 29, 2024 1:30pm – 04:30 PM

Speakers

Jeffrey Parker
Partner
Sheppard Mullin Richter & Hampton LLP

Aliza R. Karetnick
Partner
Morgan, Lewis & Bockius LLP

Day 1 - Tuesday, April 30, 2024

8:45
Co-Chairs’ Welcome Remarks and Year in Review
9:30
Status Update on FDA’s Proposal for a Unified Human Foods Program and New Model for the Office of Regulatory Affairs
10:15
Morning Refreshment Break
10:45
A Comprehensive Guide to Navigating Food Ingredient Safety: Understanding Evolving Laws and Managing Compliance Challenges
11:45
Riding the Plant-Based Wave: Navigating the Latest Scientific and Regulatory Developments Impacting Plant-Based “Meats” and “Milks”
12:45
Networking Luncheon
1:45
The Future is Finally Now for Cell-Cultivated Proteins: How to Harness Innovation While Mitigating Compliance Risks
2:45
Let’s Dish on ESG: Charting a More Sustainable and Socially Responsible Path for Food Products
3:45
Afternoon Refreshment Break
4:00
Gearing Up for Enhanced Traceability: Building Your Roadmap for Compliance with the FDA’s New Final Food Traceability Rule
5:00
Closing Remarks – Day 1 Adjourns

Day 2 - Wednesday, May 1, 2024

9:00
Co-Chairs’ Welcome Remarks
9:15
Analyzing FDA’s Guidance on Allergen Labelling
9:45
Dissecting Your Food Label: Critical Food Labeling Considerations in the Face of Evolving Agency Guidance
10:30
Morning Refreshment Break
11:00
Broadening Horizons: Exploring Global Food Law Developments and Cross-Border Considerations
12:00
Networking Luncheon
1:15

Spotlight on Food Advertising and Marketing

What It Really Means to be “Green” in 2024: Mastering the Intricacies of Making and Substantiating Green Claims in Today’s Regulatory Landscape
2:15
Food Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews in Food Product Advertising
3:00
Afternoon Refreshment Break
3:15
The Fight Against Food Fraud: Tactical Tools for Minimizing Adulteration and Fostering Product Integrity in the Food Supply Chain
4:15
Status Report on the Latest Class Action and Prop 65 Activity Posing Risks to the Food Industry
5:15
Recap and Closing Remarks
5:30
Day 2 Ends – Main Conference Adjourns

Day 1 - Tuesday, April 30, 2024

8:45
Co-Chairs’ Welcome Remarks and Year in Review

Sarah L. Brew
Partner
Faegre Drinker Biddle & Reath LLP

Cindy Kruger
Chief Counsel – Food Safety & Regulatory
PepsiCo Inc.

Tony Pavel
Partner
Keller & Heckman LLP

A Look at the Year’s Most Critical Legal and Regulatory Developments Impacting the Food Industry

In the year since we last met, there have been significant new developments influencing the food industry’s legal, regulatory and litigation landscape. In this opening session, our esteemed co-chairs will set the stage for the conference with a highlight reel of the latest regulatory actions, agency initiatives, and class action developments impacting food industry practices in 2024 and beyond.

9:30
Status Update on FDA’s Proposal for a Unified Human Foods Program and New Model for the Office of Regulatory Affairs

Sharon Mayl
Partner
DLA Piper LLP

Suzie Trigg
Partner
Haynes & Boone LLP

Join our keynote speaker as they dive into the FDA’s proposal for a Unified Foods Program and what regulatory affects would come from it. Come prepared with your questions as we will have a designated Q&A period.

10:15
Morning Refreshment Break
10:45
A Comprehensive Guide to Navigating Food Ingredient Safety: Understanding Evolving Laws and Managing Compliance Challenges

John Luedke
Global General Counsel, Food Law
MARS, Inc.

Hih Song Kim
Executive Vice President, General Counsel & Corporate Secretary
BlueTriton Brands

Smitha G. Stansbury
Partner
King & Spalding LLP

  • Assessing the scope of FDA’s authority to regulate the safety of food ingredients
  • Understanding the impact that FDA guidance has on state-level ingredient safety regulation
  • Best practices for exercising supply chain caution when importing and exporting certain ingredients
  • Identifying states that have developed their own rules surrounding ingredient safety
    • Breaking down the California Food Safety Act and its implications
    • Analyzing New York’s new bill prohibiting certain food additives and color additives
  • Understanding the impact of state-level ingredient safety regulation on food companies when it comes to:
    • Sourcing ingredients
    • Selling or transporting products through interstate commerce
  • Evaluating the response of trade associations to state-level regulation of ingredients
    • Will trade associations push for legislation to pre-empt states from continuing to create their own rules governing ingredient safety?
  • Forecasting the impact that increased state-level ingredient bans will have on the food industry
    • Does FDA have the authority to intervene?
  • Examining the new bill proposing the establishment of the Office of Food Safety Reassessment
    • How will this alter regulatory procedures?

11:45
Riding the Plant-Based Wave: Navigating the Latest Scientific and Regulatory Developments Impacting Plant-Based “Meats” and “Milks”

Mackenzie Battle
Regulatory Attorney
Good Food Institute 

Bob Hibbert
Senior Counsel
Wiley Rein LLP

  • Examining FDA and USDA’s framework for the regulation of plant-based food products (do we need this intro bullet? How much of our audience is repeat?)
  • Exploring the latest developments on standards of identity for:
    • Plant-based dairy alternatives
    • Plant-based “meat” products
  • Making sense of FDA’s Draft Guidance on Plant-Based Milk Alternatives
    • What are the practical implications for the food industry?
    • Defining “milk” and understanding when and how the term may be used on PBM products
  • Taking a deep-dive into plant-based meat alternatives
    • Evaluating potential public health and food systems implications associated with plant-based meat alternatives
  • The importance of the label: Navigating the latest federal guidance and evolving state regulations governing the labeling of plant-based foods
  • Identifying the types of scientific evidence used to support plant-based claims in the food product space
  • Examining emerging litigation trends involving plant-based proteins

12:45
Networking Luncheon
1:45
The Future is Finally Now for Cell-Cultivated Proteins: How to Harness Innovation While Mitigating Compliance Risks

Ricardo Carvajal
Director
Hyman Phelps & McNamara, PC

Katia Marten-Lentz
Partner
Food Law Science & Partners

The cell-cultured meat and alternative protein landscape is rapidly evolving, as new ingredients and technologies are being used to generate products that are increasingly similar to their animal-based counterparts. As regulatory developments are beginning to catch up with the technological advancements in the novel foods sector, this panel will delve into the latest innovations and governing guidelines for cell cultured food products.

  • Understanding FDA and USDA’s guidelines around Human Food Made Using Animal Cell Culture Technology
  • Examining the types of cell cultured foods that are already in the market and new products that may be coming down the pike
  • Examining the science of cultivated meat and the challenges that must be addressed for commercial production
  • Exploring developments regarding GRAS and Pre-Market Consultations for Novel Foods
  • Discovering GRAS notifications and the use of precise fermentation
    • How does fermentation differ from other cell cultured food procedures?
  • Analyzing how states will be impacted by production of cell cultured food
    • Are there any states that have prohibited cell cultured food products?
  • Assessing the nutritional value from cell cultured products
    • What are the risk factors?
  • Navigating the maze of U.S. federal and state labeling and packaging requirements for cell cultured products

2:45
Let’s Dish on ESG: Charting a More Sustainable and Socially Responsible Path for Food Products

Steven P. Blonder
Principal
Much Shelist, P.C.

Pamela Grinter
Partner
Fox Rothschild LLP

Mark Leonard
General Counsel
Sunsweet Growers Inc.

  • Examining how ESG commitments are continuing to evolve and how they are impacting the food industry
  • Assessing how supply chain challenges are impacting packaging and creating new environmental risk areas
  • Appreciating the importance of third-party certifications in ensuring ethical and sustainable practices for supply chain operations and management
  • Analyzing how well-intentioned environmental regulations can negatively impact food production
  • Analyzing best practices for packaging relative to composability and recyclability
  • Anticipating new packaging regulations that may help ensure a more sustainable future:
    • Potential increased use of antimicrobial packaging
    • pH-reliant intelligent packaging
    • Secondary packaging
    • Paper-based packaging
  • Understanding the importance of ESG reporting and how to align with stricter regulations to avoid legal enforcement
  • Enhancing initiatives to bolster corporate social responsibility in response to the growing desire for eco-friendly food products

3:45
Afternoon Refreshment Break
4:00
Gearing Up for Enhanced Traceability: Building Your Roadmap for Compliance with the FDA’s New Final Food Traceability Rule

Timothy Dietrich
Partner
Barley Snyder LLP

Elizabeth B. Fawell
Partner
Hogan Lovells LLP

Brandon W. Neuschafer
Partner
Arnold & Porter LLP

Companies with ingredients on the latest Food Traceability List have until January 20, 2026, to comply with the FDA’s recently released Final Rule on Food Traceability. To avoid being out of compliance when enforcement begins, food and beverage companies need to start their journeys now. This panel will share insights on:

  • Understanding the intricacies of the new Final Rule and understanding who in the supply chain is affected
  • Analyzing the current Food Traceability List (FTL), and forecasting potential new ingredients to be added to the list
  • Examining the importance of traceability beginning at the ingredient level
    • Identifying Key Data Elements (KDEs) and Critical Tracking Events (CTEs) in the supply chain
  • Exploring best practices and tools for record keeping requirements
  • Developing best practices for a good food safety plan
    • Assessing current capabilities
    • Looking at all impacted products, business units and the technologies utilized
    • Understanding the role of different organizational functions in the traceability process

5:00
Closing Remarks – Day 1 Adjourns

Day 2 - Wednesday, May 1, 2024

9:00
Co-Chairs’ Welcome Remarks

Sarah L. Brew
Partner
Faegre Drinker Biddle & Reath LLP

Cindy Kruger
Chief Counsel – Food Safety & Regulatory
PepsiCo Inc.

Tony Pavel
Partner
Keller & Heckman LLP

9:15
Analyzing FDA’s Guidance on Allergen Labelling

  • Reviewing FDA’s guidance on Allergen Labeling
    • What has changed?
  • Examining what FOP labeling requires when an allergen is present
    • What is required is there may be traces?
  • Assessing the current environmental and regulatory requirements of allergen food labeling online

9:45
Dissecting Your Food Label: Critical Food Labeling Considerations in the Face of Evolving Agency Guidance

Stuart M. Pape
Senior Partner/ Chair, FDA Practice
Polsinelli PC

  • Understanding the new criteria proposed by FDA for food products to make “healthy” nutrient content claims
  • Examining what the FDA’s new rule on “healthy” will require with regard to label changes, modifications to product formulations and new recordkeeping obligations
  • Examining the latest guidelines on front of pack labeling
    • Assessing overlaps and contradictions in state labeling guidelines
    • Compliance considerations when making decisions regarding your label color and the number of labels on your package front
  • Analyzing how new front of pack guidelines will affect sales of your product
    • FOP Guidelines for:
      • EU
      • Canada
      • Mexico
    • Analyzing FDA’s guidance on Allergen Labelling requirements
      • What does it look like with allergen and FOP labeling?
    • Assessing current regulatory guidelines governing online food labels
    • Understanding how the inclusion and naming of new ingredients affects labeling and market entry

10:30
Morning Refreshment Break
11:00
Broadening Horizons: Exploring Global Food Law Developments and Cross-Border Considerations

Lewis Retik
Partner
Gowling WLG

Guillermo Govela
Counsel – Head of Life Sciences & Healthcare Practice
Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Benjamin L. England
Founding Member/CEO
Benjamin L. England & Associates, LLC

As manufacturers of food and beverage products continuously look to expand their marketplace, this session will dive into the latest developments globally that will impact the production and packaging requirements to enter the Canadian, Mexican, and European food marketplace.

  • Analyzing the different complex food laws to watch out for
    • Examining the process of selling your product outside the U.S.
  • Outlining the challenges of tracing products and using international ingredients

Canada:

  • Discovering the differences in packaging and labelling of products in Canada
    • Front of Pack labeling
    • Packaging toxicity, recyclability, and composability
  • Understanding notable food ingredient safety regulations that manufacturers need to be mindful of
  • Discussing recent legislation and class actions on the horizon to keep an eye out for

Mexico:

  • Discovering the differences in packaging and labelling of products in Canada
    • Front of Pack labeling
    • Packaging toxicity, recyclability, and composability
  • Understanding notable food ingredient safety regulations that manufacturers need to be mindful of
  • Discussing recent legislation and class actions on the horizon to keep an eye out for

Europe:

  • Discovering the differences in packaging and labelling of products in Europe
    • Front of Pack labeling
    • Packaging toxicity, recyclability, and composability
  • Understanding notable food ingredient safety regulations that manufacturers need to be mindful of
  • Discussing recent legislation and class actions on the horizon to keep an eye out for

12:00
Networking Luncheon
1:15

Spotlight on Food Advertising and Marketing

What It Really Means to be “Green” in 2024: Mastering the Intricacies of Making and Substantiating Green Claims in Today’s Regulatory Landscape

Joseph Aquilina
Vice President & Deputy General Counsel
Consumer Brands Association

Andrew Lustigman
Partner
Olshan, Frome, Wolosky LLP

Steve Toeniskoetter
Associate General Counsel, Regulatory
Niagara Bottling

  • Examining the new proposed changes to the Green Guides and the impact that FTC’s contemplated rulemaking could have on environmental marketing claims
  • Exploring differences in FTC’s guidance and state law requirements for the term “recyclable”
    • Best practices for how to deal with patchwork state laws regarding environmental claims, such as “recyclable” “eco-friendly” and “compostable”
  • Understanding what the FTC means by “greenwashing” and how to avoid penalties when making claims
  • Understanding what is needed to back up claims of products being recyclable, biodegradable, carbon neutral, and beyond
    • What types of testing is needed? Where should the data come from?
  • Managing the risks associated with vendors making claims about your products
  • Reviewing and understanding green claim trends that are vulnerable to class-action activity
    • Recyclable packaging
    • Renewable energy

2:15
Food Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews in Food Product Advertising

Laura Brett
Vice President, National Advertising Division (NAD)
BBB National Programs

Ronald Urbach
Partner/ Co-Chair, Advertising + Marketing
Davis+Gilbert LLP

Serena Viswanathan
Associate Director, Division of Advertising Practices, Bureau of Consumer Protection
Federal Trade Commission

FTC released its finalized new Endorsement Guides and issued a proposed rule on the use of consumer reviews and Testimonials. Join us for this critical discussion of how the latest FTC guidance will impact social media advertising of food products and potential new areas of focus moving forward.

  • Analyzing the FTC’s guidance for social media on:
    • Influencers
    • Endorsers
  • Understanding FTC’s take on dark patterns and consumer deception tactics
  • Examining problematic claims and areas of NAD and FTC focus
  • Assessing the nuances involved when advertising across different social media platforms
    • Addressing compliance challenges across multiple platforms
    • Best practice tips for:
      • Metaverse
      • Instagram, Facebook, or X platforms
      • Tik Tok or YouTube
  • Establishing best practices for substantiating claims in advertisements
  • Assessing recent FTC enforcement actions
  • Discussing potential penalties for misrepresenting a food product to a child

3:00
Afternoon Refreshment Break
3:15
The Fight Against Food Fraud: Tactical Tools for Minimizing Adulteration and Fostering Product Integrity in the Food Supply Chain

Melissa Card-Abela
Senior Regulatory Counsel
Whole Foods Market Inc.

Angela Spivey
Partner
Alston & Bird LLP

The integrity of the global food supply chain is frequently challenged by food adulteration and fraud. In this session we will investigate the most effective protocols, methods and tools to help overcome the latest challenges and risks in this arena.

  • Assessing the complexity of global fraud within the food supply chain
  • Identifying how fraud occurs in the food supply chain and common risks that companies need to be mindful of
  • Managing your trail of food ingredients and products to avoid fraud
  • Establishing steps companies can take to protect food product integrity if they discover fraudulent activity
  • Developing best practices and an emergency guide to combat fraud and minimize loss
  • Understanding the penalties associated with fraud
    • How does the USDA regulate this?

4:15
Status Report on the Latest Class Action and Prop 65 Activity Posing Risks to the Food Industry

Jennifer J. Millones
Chief Legal Officer
Newman’s Own, Inc.

Hank Turner
Vice President & Chief Counsel – Litigation
Conagra

Jasmine Wetherell
Partner
Perkin Coie LLP

  • Analyzing the latest trends in class action activity impacting the food industry
    • PFAS
    • Protein Claims
    • Flavor Claims
  • Examining the latest advertising and labeling practices triggering class action claims
  • Identifying key lessons and takeaways from the latest litigation activity
  • Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel
  • Insights on what the plaintiff’s bar may target next
  • Assessing how current class action activity will impact future claims practices as well as your bottom line

Prop 65
  • Identifying challenges small businesses encounter in complying with Prop 65
  • Reviewing the latest developments in Prop 65 Online Warning regulations
  • Understanding how Prop 65 is affecting state-level activity

5:15
Recap and Closing Remarks
5:30
Day 2 Ends – Main Conference Adjourns

Workshop A — Recall Management Working Group: Building A Comprehensive Roadmap for Effectively Navigating a Food Product Recall and Managing the Fallout

Apr 29, 2024 9:30am – 12:30 PM

Dean N. Panos
Partner
Jenner & Block LLP

Cynthia L. Meyer
Partner
Kleinfeld, Kaplan, and Becker LLP

blank-headshot

Thomas Monroe
Vice President, Chief Counsel – Litigation & Crisis Management
Kellanova

What is it about?

In this in-depth mock scenario workshop, our panelists will walk you through the execution of a recall from start to finish. This workshop will walk through 3 different product recall examples and display the action involved with the different product types. Our speakers will provide best practices and help you establish a recall-ready blueprint for not only efficiently and quickly executing a recall, but for also addressing any public relations crisis which may ensue.

  • Understanding legal risks, and public relations risks as a result of recalls
  • Exploring preventive strategies to minimize the possibility of a recall
  • Devising a blueprint on how to effectively remove products from the marketplace once a defect is discovered – making the decision when and how to recall
  • Identifying and correcting regulatory and compliance mishaps that led to the recall
  • Determining who/how to notify when it comes to relevant authorities
  • Maintaining documentation during a recall in anticipation of litigation that may result from the recall
  • Developing crisis management strategies to address recall fallout and win back consumer confidence
    • Voluntary recalls vs mandatory recalls
    • Market withdrawals and stock recoveries
  • Reviewing past recall products to learn how to avoid similar situations

Workshop B — Strategy Session on Minimizing PFAS Risks: Navigating the Growing Patchwork of State PFAS Laws and Preventing Your Company from Becoming a Class Action Target

Apr 29, 2024 1:30pm – 04:30 PM

Jeffrey Parker
Partner
Sheppard Mullin Richter & Hampton LLP

Aliza R. Karetnick
Partner
Morgan, Lewis & Bockius LLP

What is it about?

  • Examining the rapidly evolving state-by-state regulatory framework governing the manufacturing, production and distribution of food products containing packaging with PFAS
  • Understanding how to recognize and account for differences among various state prohibitions and update sourcing protocols to maintain compliance
  • Adapting to changing consumer demands for PFAS-free products and satisfying customer demands for assurances of compliance
  • Understanding PFAS testing challenges and how companies can better navigate this complex arena
  • Assessing how testing/sourcing of packaging and regulatory approval can yield additional defense strategies for PFAS lawsuits
  • Examining theories that plaintiffs are relying on in PFAS packaging claims — what defense strategies are proving to withstand the latest plaintiff challenges?