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Pre-Conference Workshops

In-Person Workshop A — Addressing the Unique Challenges of Advertising Food to Children

Jul 12, 2022 9:00am – 12:30pm

Speakers

Todd A. Grauel
Associate General Counsel
The Kraft Heinz Company (Chicago, IL)

Debra Policarpo
Senior Attorney, Children’s Advertising Review Unit (CARU)
BBB National Programs

Lauren Eskenazi
Program Manager, Children's Food and Beverage Advertising Initiative (CFBAI)
BBB National Programs

In-Person Workshop B — Synthetic Biology 101: A Lawyer’s Guide to Understanding the Science Behind Plant-Based and Cell-Cultured Food Products

Jul 12, 2022 1:30pm – 5:00pm

Speakers

Deepti A. Kulkarni
Partner
Sidley Austin LLP (Washington, DC)

René Viñas
Toxicologist, Regulatory Affairs Scientist
UPSIDE Foods (Atlanta, GA)

David Welch
Co-Founder
Synthesis Capital LLP (Frederick, MD)

Day 1 - Wednesday, July 13, 2022

7:30
Continental Breakfast and Registration
8:30
Co-Chairs’ Opening Remarks
8:45
Developing Strategies to Address the Legal, Economic, and Environmental Impacts of Pandemic Induced Food Supply Chain Disruptions
9:45
Food Litigation in 2022: Analyzing Class-Actions Claims and Other Litigation Activity Affecting the Food and Beverage Industry
10:45
Morning Networking Break
11:15
Formulating an In-Depth and Sound Approach to Substantiating Green Claims
12:15
What The Food Industry Needs to Know About ESG Criteria Proofs and Commitments
1:15
Networking Lunch Break
2:15
Understanding How the Latest Legal Developments Affecting Plant-Based “Meats” and “Milks” are Changing the Food Landscape
3:15
Afternoon Refreshment Break
3:45
The Use of CBD and Cannabis in Food Products: Will There be A Path Forward?
4:45
The Golden State of Food: What Food Lawyers in All 50 States Need to Know About New and Evolving California Laws and Regulations Impacting Food
5:30
Co-Chairs’ Closing Remarks

End of Day One

Day 2 - Thursday, July 14, 2022

7:30
Continental Breakfast and Registration
8:30
Co-Chair Opening Remarks
8:45
USDA Interview
9:15
Food Marketing in the Metaverse: A Food Lawyer’s Guide to A New Digital Reality, Including NFTs, and Gaming
10:15
Morning Networking Break
10:45
Understanding the Role of Influencers in the Food Industry: Influencer Claims, Testimonials, and Consumer Reviews
11:45
Rethinking the Role of Loyalty Programs: Considerations for Food Manufacturers
12:45
Networking Lunch Break
1:45
Exploring Continuing Antitrust Activity Impacting the Food and Beverage Industry
2:45
Focus Session: A Guide to Properly Executing a Food Recall
3:45
Co-Chair Closing Remarks

End of Conference

Day 1 - Wednesday, July 13, 2022

7:30
Continental Breakfast and Registration
8:30
Co-Chairs’ Opening Remarks

Tony Pavel
Deputy General Counsel, Global Food Law
Perfect Day (Washington, DC)

Sarah Sunday
Assistant General Counsel, Food Law
Nestlé USA Legal Department (Arlington, VA)

8:45
Developing Strategies to Address the Legal, Economic, and Environmental Impacts of Pandemic Induced Food Supply Chain Disruptions

Richard M. Blau
Partner
Gray Robinson P.A (Tampa, FL)

Kevin Boot
General Counsel
Whole Foods Market (Des Moines, IA)

The COVID-19 pandemic disrupted food supply chains in ways that companies could not have anticipated, including the inability to source certain ingredients. This disruption led to a whole set of legal challenges including breach of contractual obligations, as well as economic and environmental concerns. In this opening session, our panelists will detail what we’ve learned about the supply chain and disruption, and detail best practices to the contractual, economic, and environmental supply chain challenges in a post-pandemic world.

  • Understanding how to maintain and optimize production in a timely manner as we transition from pandemic to endemic
  • Mitigating transport and co-packer challenges
  • Navigating risks associated with the inability to source ingredients and the use of substitution
  • Analyzing measures taken by the FDA regarding labeling flexibility for ingredients in view of shortages and sourcing inabilities
  • Addressing price increases to certain ingredients needed for a product
  • Analyzing packaging and chemical related challenges at the state level and how this may affect supply chain in the future
    • Preventing heavy metals from entering the supply chain
  • Developing strategies to address contractual obligations due to inability to source, produce and deliver
  • Understanding the toll on workforce and related liabilities
  • Appreciating the role of inspections in the supply chain
    • Predicting what FDA inspections will look like post-COVID
    • Explaining the pros and cons of in-person and remote and record access

9:45
Food Litigation in 2022: Analyzing Class-Actions Claims and Other Litigation Activity Affecting the Food and Beverage Industry

Steven Blonder
Partner
Much Shelist, P.C. (Chicago, IL)

Sascha Henry
Partner
Sheppard Mullin LLP (Los Angeles, CA)

Lauren Medoff
General Counsel
7-Eleven, Inc. (Dallas, TX)

In this session, our panelists will discuss and analyze the recent trends in food industry lawsuits.

  • Assessing novel legal challenges and litigation associated with new industry trends and regulatory developments, Evaluating anticipated legal risk
    • Survey of recent activity and analysis of uptick in class actions by plaintiff’s bar against the food industry
  • Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel
  • Exploring risk assessment related to new litigation trends
  • Analyzing recent class action claims against the food industry:
    • PFAS
    • Protein claims
    • Flavor claim
    • Pet food claims

10:45
Morning Networking Break
11:15
Formulating an In-Depth and Sound Approach to Substantiating Green Claims

Jennifer Adams
Partner
Amin Talati Wasserman (Chicago, IL)

Katherine Armstrong
Deputy Director, National Advertising Division
BBB National Programs

Leigh Barcham
Senior Counsel, Product Regulatory & Government Affairs
US Foods Inc. (Rosemont, IL)

  • Understanding what “eco-friendly” claims mean
  • Implementing and developing protocols to ensure that your green claims have adequate proofs
  • Anticipating the FTC’s new standards for green marketing, aka “the Green Guides”
  • Presenting green and eco-friendly claims in a way that cannot be attacked by the plaintiffs’ bar
  • Reviewing and understanding green claim trends that are vulnerable to class-action activity
    • Recyclable packaging
    • Renewable energy

12:15
What The Food Industry Needs to Know About ESG Criteria Proofs and Commitments

Nicole Nice
Assistant General Counsel - Food Law
Mars, Incorporated (Denver, CO)

Sheila A. Miller
Partner
Keller and Heckman LLP (Washington, DC)

  • Defining, establishing, and substantiating ESG commitments for the food industry
  • Appreciating the importance of third-party certifications for ensuring ethical and sustainable practices for supply chain
  • Devising strategies for food manufacturers to implement measures and establish proofs for carbon footprint reduction offsets
  • Examining the necessary proofs for regenerative agriculture and other sustainability measures
    • Sustainable farming
    • Animal welfare
  • Assessing legal obligations that may stem from ESG commitments Identifying potential liabilities that may arise from unsubstantiated or misleading ESG representations

1:15
Networking Lunch Break
2:15
Understanding How the Latest Legal Developments Affecting Plant-Based “Meats” and “Milks” are Changing the Food Landscape

Madeline Cohen
Regulatory Attorney
Good Food Institute (Washington, DC)

Susan Matthees Blum
Senior Food Lawyer
Cargill (Wayzata, MN)

Christian Flinn
Policy Associate
Plant Based Foods Association (Washington, DC)

  • Exploring the latest developments on standards of identity for:
    • Plant-based “meat” products
    • Plant-based dairy alternatives
  • Examining the anticipated new FDA regulatory framework for plant-based food products
  • Understanding the laws and regulations around cell-cultured meat
  • Analyzing the various states’ approaches to plant-based “meats” and “milks”
  • Understanding the latest court decisions regarding labeling and usage requirements for the word’s “milk” and “meat” by plant-based food companies
  • Defining “plant-based” and understanding when it’s a marketing advantage
    • Identifying the naming conventions around naming plant-base products that don’t meet the FDA requirements
    • Determining the types of claims can you make regarding plant-based products

3:15
Afternoon Refreshment Break
3:45
The Use of CBD and Cannabis in Food Products: Will There be A Path Forward?

Kelly D. Fair
US General Counsel
Canopy Growth Corporation (San Francisco, CA)

Jessica P. O’Connell
Partner
Covington & Burling LLP (Washington, DC)

D. Michael Stroud Jr.
Partner
Nossaman LLP (Washington, DC)

  • Analyzing the latest state and federal legislation regarding CBD, cannabis, and food
  • Assessing the FDA’s current stance on the use of CBD in food products
  • Developing risk assessment strategies for using CBD and cannabis in food product

4:45
The Golden State of Food: What Food Lawyers in All 50 States Need to Know About New and Evolving California Laws and Regulations Impacting Food

  • Analyzing the New California FAST Recovery Act (Assembly Bill No. 257) and anticipating its impact on the food industry
    • Assessing whether other states will follow suit
  • Understanding how California’s new Senate Bill 1383 will affect how companies think about reducing its carbon footprint, and identifying the right actions to be compliant
  • Understanding how California’s new law and standards on recyclables will impact food packaging and labeling
    • Determining how companies can prepare before the law’s implementation in 2024

Focus on Prop 65
  • Examining changes to short form warnings
  • Status of Prop 65 coffee litigation
    • Acrylamide

5:30
Co-Chairs’ Closing Remarks

End of Day One

Day 2 - Thursday, July 14, 2022

7:30
Continental Breakfast and Registration
8:30
Co-Chair Opening Remarks

Tony Pavel
Deputy General Counsel, Global Food Law
Perfect Day (Washington, DC)

Sarah Sunday
Assistant General Counsel, Food Law
Nestlé USA Legal Department (Arlington, VA)

8:45
USDA Interview

Alexander Domesle
Senior Advisor for Chemistry, Toxicology, and Related Sciences Office of Public Health Science, Food Safety and Inspection Service
U.S. Department of Agriculture (Washington, DC)

9:15
Food Marketing in the Metaverse: A Food Lawyer’s Guide to A New Digital Reality, Including NFTs, and Gaming

Amy Ralph Mudge
Partner
Baker & Hostetler LLP (Washington, DC)

  • What food lawyers need to know about the Metaverse
  • Understanding the basics of NFTs and gaming, and how they are being used in food advertising
  • Understanding the legal implications regarding the use of NFTs
    • Exploring the risks of NFTs being offered in sweepstakes
    • Determining the IP rights involved

10:15
Morning Networking Break
10:45
Understanding the Role of Influencers in the Food Industry: Influencer Claims, Testimonials, and Consumer Reviews

Megan K. Bannigan
Partner
Debevoise & Plimpton LLP (New York, NY)

David G. Mallen
Partner
Loeb & Loeb LLP (New York, NY)

  • Identifying what food companies need to do in order to comply with the latest changes to FTC influencer guidance
    • Developing strategies to protect yourself when using influencers
    • Ensuring your influencers are doing proper disclosures
    • Determining what responsibility both influencers and advertisers assume when share information with consumers
    • Exploring key elements that you should include in influencer contracts
  • Comprehending the extent to which a customer’s permission is needed to repurpose reviews
  • Understanding how food companies and advertisers use customer reviews in their advertising
    • Establishing protocols for food companies to safely adopt a customer review
  • Grasping the implications of reviews on Amazon and other third-party websites
  • Assigning the responsibility of the advertiser and the manufacturer for claims made in customer reviews

11:45
Rethinking the Role of Loyalty Programs: Considerations for Food Manufacturers

Andrew B. Lustigman
Partner
Olshan Frome Wolosky LLP (New York, NY)

Jessica Haefele
Senior Legal Counsel
Lindt, Ghirardelli, and Russell Stover Chocolates (Kansas City, MO)

  • Examining traditional loyalty programs: what has been successful for food companies and what has not
    • Understanding how sweepstakes and contests have been used in conjunction with loyalty programs
  • Exploring how the COVID-19 pandemic has changed the way food companies think about loyalty programs and why many companies are choosing to restructure them
  • Identifying goals and new models for successful loyalty programs
  • What do food companies need to know about staying compliant with the California Consumer Privacy Act (CCPA) and other privacy laws when dealing with loyalty programs
    • Determining whether a consumer has rights under the CCPA

12:45
Networking Lunch Break
1:45
Exploring Continuing Antitrust Activity Impacting the Food and Beverage Industry

Amy Hancock
General Counsel/EVP, Legal and Regulatory Affairs
American Beverage Association (Bethesda, MD)

Karin F.R. Moore
Director
Hyman, Phelps & McNamara, P.C. (Washington, DC)

Kimberly Pryor
General Counsel
JBS USA Foods (Greeley, CO)

  • Understanding how the food industry has seen an influx of antitrust concerns in the last year
  • Examining price fixing allegations in the food industry in a post-pandemic era
  • Exploring the impact of industry mergers resulting in alleged anticompetitive behaviors
  • Analyzing recent anti-trust class-action claims

2:45
Focus Session: A Guide to Properly Executing a Food Recall

Daniel Dwyer
Partner
Kleinfeld Kaplan & Becker LLP (Washington, DC)

  • Identifying events which would prompt a food company to issue a recall
  • Developing best practices for recalls
    • What is the nature of the recall?
    • What corrective actions should be taken?
  • Evaluating the risks and benefits of cooperating with FDA in the course of a recall
    • FDA’s recall and oversight authority with respect to food
    • Voluntary recalls versus mandatory recalls
    • Market withdrawals and stock recoveries
  • What are the consequences of not instituting a recall?
  • Invoking crisis management protocols
  • Determining whether the pandemic has affected supplier ability to ensure quality control standards leading to more recalls
  • Examining allergen labeling recalls and liability
  • Analyzing recent food born illness outbreaks and the FDA’s response

3:45
Co-Chair Closing Remarks

End of Conference

In-Person Workshop A — Addressing the Unique Challenges of Advertising Food to Children

Jul 12, 2022 9:00am – 12:30pm

Todd A. Grauel
Associate General Counsel
The Kraft Heinz Company (Chicago, IL)

Debra Policarpo
Senior Attorney, Children’s Advertising Review Unit (CARU)
BBB National Programs

Lauren Eskenazi
Program Manager, Children's Food and Beverage Advertising Initiative (CFBAI)
BBB National Programs

What is it about?

(Registration to begin at 8:30 am — BREAK at 11:00 am)

This workshop will provide an in-depth analysis of food marketing aimed at children, one of the food industry’s leading areas of concern. Our workshop speakers will detail what every food industry lawyer needs to know about overcoming the challenges of labelling, marketing, and formulating products for children. Points of discussion will include:

  • Examining CARU’s revised Self-Regulatory Guidelines for Children’s Advertising and understanding its impact on food advertising aimed at children
  • Exploring recent activity by the BBB’s Children’s Food and Beverage Advertising Initiative (CFBAI)
  • Establishing internal protocols in compliant food advertising to children based on CARU and CFBAI guidelines
  • Designing compliant ads, social media campaigns, and related collateral for advertising food and related products to a child audience
  • 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 requirements for advertising to children
  • Discussing potential penalties for misrepresenting a food product to a child

In-Person Workshop B — Synthetic Biology 101: A Lawyer’s Guide to Understanding the Science Behind Plant-Based and Cell-Cultured Food Products

Jul 12, 2022 1:30pm – 5:00pm

Deepti A. Kulkarni
Partner
Sidley Austin LLP (Washington, DC)

René Viñas
Toxicologist, Regulatory Affairs Scientist
UPSIDE Foods (Atlanta, GA)

David Welch
Co-Founder
Synthesis Capital LLP (Frederick, MD)

What is it about?

(Registration to begin at 12:30 pm)

With the increased demand for plant-based meats, milks, and cell-cultured food products, it is essential for food company counsel to understand the science behind these types of food products. This knowledge is particularly useful in meeting FDA and USDA regulatory guidelines pertaining to food products and classifications, as well as avoiding FTC and NAD scrutiny relative to claims substantiation. Our workshop leaders will provide an in-depth analysis of the underlying science for these products and how it can be used for the compliant commercialization of plant-based foods. Points of discussion will include:

  • Examining the FDA and USDA’s framework around regulating cell cultured meat and plant-based products
  • Understanding the process for developing and labeling of protein-alternative foods
  • Exploring how these products are made and what they are made of
    • Considerations for allergens
    • Studying environmental impacts – including sustainable resources related to the manufacture of these products
  • Identifying how to replicate the organoleptic experience consumers want
  • Determining the type of testing necessary to obtain clearance to market your product in
    • US
    • Canada
    • EU
    • UK
    • China, and other Asian markets
  • Identifying the types of scientific evidence used to support plant-based and cell-cultured claims in the food product space