Continental Breakfast and Registration Opens

Co-Chair Opening Remarks

Nicole Nice
Assistant General Counsel - Food Law
MARS Inc.

Tony Pavel
Deputy General Counsel, Global Food Law
Perfect Day

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
Deputy General Counsel, Global Food Law
Perfect Day

Nicole Nice
Assistant General Counsel - Food Law
MARS Inc.

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.

Keynote

“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
Partner
Covington & Burling LLP

Sarah Sunday
Assistant General Counsel, Head of Food Law Group
Nestle USA

• Comparing the current definition of healthy to the definition under the proposed new Rule
• Understanding how the definition of healthy under the proposed new Rule would affect the market by potentially expanding the healthy food category by adding foods such as fish and nuts
• What are the industry implications for removing formerly “healthy” foods from the definition as per the proposed new rule
• Examining the significance of proposed logo for foods that qualify as “healthy” under the new proposed Rule’s definition
• Assessing industry concerns with the proposed new Rule, and the changes made/not made after the comment period

Morning Coffee Break

FDA Regulation and New Frontiers in Food Ingredients: Cell Cultivated Meat, Alternative Proteins, Precision Fermentation

Bob Hibbert
Senior Counsel
Wiley Rein LLP

Emily Marden
Senior Counsel - Food, Drug, and Medical Device
Sidley Austin LLP

René Viñas
PhD, DABT, Regulatory Toxicologist, Food & Beverage, Consumer Product Safety
UPSIDE Foods, Inc.

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.

• Understand the industry significance of FDA’s First (2022) Pre-Market Consultation for Human Food Made Using Animal Cell Culture Technology
• Take stock of recent developments regarding the GRAS Pathway and Pre-market Consultations for Novel Food Ingredients
• Understand the industry significance of GRAS Notifications for alternative proteins and use of precision fermentation
• Developments in the dietary supplement sector: recent developments for New Dietary Ingredients

Networking Luncheon

Got Milk?: What The Food Industry Needs to Know About The FDA’s Proposed Guidance on Plant-Based Milks

Christian Flinn
Policy Associate
Plant Based Food Association

Stefanie Fogel
Partner
DLA Piper

Katia Merten-Lentz
Partner
Food Law Science & Partners

Billy Ng
Sr. Manager, Global Regulatory Affairs
Blue Diamond Growers

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

• Analyzing the new FDA proposed guidance on plant-based milks and how it will impact the market
• Comparing this new proposed US guidance with already established standards in Europe
• Examining the differences between the proposed guidance and the decision in Painter v. Blue Diamond Growers

Afternoon Refreshment

Being Environmentally and Socially Responsible: A Study in Evolving ESG Obligations for the Food Industry

Steve Blonder
Principal
Much Shelist, P.C.

Jeff Brams
Chief Innovation & Legal Officer
Garden of Life, LLC

Mark Leonard
General Counsel
Sunsweet Growers Inc.

Katie Bond
Partner
Lathrop GPM LLP

• Examining how ESG commitments are continuing to evolve and how they are impacting the food industry
• Debating how well-intentioned environmental regulations can negatively impact food production, deforestation, and coastal region shorelines
• Analyzing best practices for packaging and labeling relative to recyclability and composability
• Exploring carbon credits and sustainability
• Assessing how ESG requirements impact importing and exporting
• Developing strategies to ensure ethical sourcing and enforcement
• Examining WROs (withhold release order) and ways to avoid doing business with entities that engage in forced labor supply chains
• Understanding the inclusion of animal care regulations in the greater social obligation scheme (Prop 12, foie gras (NY)
• Discussing SEC obligations with respect to audits and governance

Tracing Your Steps: What Every Food Lawyer Needs to Know About the FDA Final Rule on Traceability

Leigh Barcham
Senior Counsel, Product Regulatory & Government Affairs
US Foods Inc.

Cindy Kruger
Legal Senior Director - Food Safety & Regulatory
PepsiCo Inc.

Suzie Trigg
Partner, Co-Chair - Food, Beverage and Restaurant Practice Group
Haynes and Boone, LLP

Sharon Mayl
Partner
DLA Piper

• Understanding what is required of the new Traceability Rule
• Examining the final Traceability list
• Identifying Key Data Elements (KDEs) and Critical Tracking Events (CTEs) in the supply chain
• Exploring the additional record keeping requirements
• Determining who in the supply chain the new rule applies to
• Developing best practices for a good food safety plan

New Era of Food Packaging: Major Developments in Food Packaging and What is Still to Come in 2023 and Beyond

Dr. Keith Forst
Director of the Polymer and Food Protection Consortium
Iowa State University

Thomas S. Lee
Partner
Bryan Cave Leighton Paisner LLP

Nicole Nice
Assistant General Counsel - Food Law
MARS Inc.

• Examining how supply chain challenges are impacting packaging and creating new risk areas
• Evaluating recent challenges to the use of Bisphenol A in food packaging as shown in recent FDA petitions
• Identifying the status of PFAs labeling requirements in packaging on the federal and state level
• Analyzing best practices for packaging relative to recyclability and composability
• Understanding anticipated shifts in packaging on the horizon, including:
• Potential increased use of antimicrobial packaging
• pH-reliant intelligent packaging
• Secondary packaging
• Paper-based packaging

Co-chair Closing Remarks
End of Day One

Continental Breakfast and Registration Opens

Co-Chairs’ Opening Remarks

Tony Pavel
Deputy General Counsel, Global Food Law
Perfect Day

Nicole Nice
Assistant General Counsel - Food Law
MARS Inc.

Fireside Chat with USDA

Janell R. Kause
Senior Advisor for Risk Assessment
U.S. Department of Agriculture

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:

• Salmonella initiative for poultry
• Evidence-based decisions and regulatory requirements for science
• FSIS verification testing

Morning Coffee Break

It’s What’s on the Outside That Counts: Food Allergen Labeling and Other Major Developments in Labeling

• Analyzing the FDA’s two new guidance documents on Allergen Labeling requirements – what are the differences:
• Questions and Answers Regarding Food Allergens, Including the Food Allergen Labeling Requirements of the Federal Food, Drug, and Cosmetic Act (Edition 5): Guidance for Industry
• Draft Guidance
• Final Guidance
• Understanding the implications of the guidances for industry
• What can we glean from the comments?
• Understanding how the inclusion and naming of new ingredients affects labeling and market entry
• Assessing the current environment and regulatory requirements of food labeling online

Evolution of Food Advertising and Marketing: From Print Ads to Social Media to the Metaverse

Amy Mudge
Partner
Baker & Hostetler LLP

Mary Spurney
Sr. Associate General Counsel
Sargento Foods Inc.

Andrew Lustigman
Partner
Olshan, Frome, Wolosky LLP

• Examining claims substantiation challenges for the food industry from green claims, to eco-friendly, to natural
• Analyzing the shift in food industry advertising from commercial ads and print ads to social media, including platforms such as TikTok, Instagram, and Snapchat
• Addressing the challenges of complying with various platforms’ rules in addition to complying with legal requirements
• Assessing the role of food influencers and social media in brand marketing
• Exploring the role of “cancel culture” and bad PR
• Understanding the responsibility of the manufacturer for claims made in customer reviews
• When and how to disclose whether reviewers are compensated?
• Evaluating the role of subscription programs and differences in subscription marketing in state laws
• Assessing recent FTC enforcement actions
• Navigating the advantages and complexities to food advertising in the Metaverse

Networking Luncheon

Class-Action and Prop 65 Litigation Status Report for The Food Industry

Thomas A. Evans
Partner
Alston & Bird

Jennifer Adams
Partner
Amin Talati Wasserman LLP

Sascha Henry
Partner
Sheppard Mullin Richter & Hampton LLP

• Class Actions Survey of recent activity and analysis of uptick in class actions by plaintiff’s bar against the food industry
• Assessing the recent trend of plaintiffs’ attorneys filing claims centered around nuanced procedure
• Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel

Prop 65

• Understanding new developments in Prop 65 Online Warning regulations
• Exploring how to ensure products comply with Prop 65 requirements
• throughout the supply chain
• Identifying challenges small businesses encounter in complying with Prop 65
• Analyzing the implications of the recent Prop 12 action heard before the Supreme Court (National Pork Producers Council v. Karen Ross)

Afternoon Networking Break

Anatomy of a Food Recall

Maile Gradison
Partner
Hogan Lovells LLP

Richard Jacobs
VP, and Division General Counsel
Dole Fresh Vegetables/Bud Antle, Inc

Rachael Dettmann Spiegel
Partner
Faegre Drinker Biddle & Reath LLP

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.

• Assessing best practices in a crisis
• Understanding legal risks, and public relations risks as a result of recalls
• Developing preventative strategies to minimize recall possibilities
• Identifying current recall trends
• Determining who/how to notify when it comes to relevant authorities

Co-Chairs’ Closing Remarks
End of Conference