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

View Program

Day 1 - Wednesday, May 12, 2021

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/USDA’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 - Thursday, May 13, 2021

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 - Wednesday, May 12, 2021

8:15
Co-Chairs’ Opening Remarks

Stuart M. Pape
Shareholder
Polsinelli PC

Suzie Trigg

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.

Moderator:

Suzie Trigg

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/USDA’s Anticipated Regulatory Platform

Laura Braden
Regulatory Counsel
The Good Food Institute

Melissa Card-Abela
Senior Regulatory Counsel
Whole Foods Market

Eve C. Pelonis

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/USDA 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
  • Breaking down the FDA’s new proposal regarding regulation development of a product and understanding the jurisdiction between FDA and USDA around these products
  • 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 - Thursday, May 13, 2021

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

Stanley Landfair
Partner
Dentons LLP

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