Food Advertising & Marketing Law Master Symposium

Jul 17, 2020 9:00am – 5:00pm

Purchase Recording

Jul 17, 2020 9:00am – 5:00pm

9:10 Virtual Conference Login

Co-Chairs’ Opening Remarks

Matt Griffin
Deputy General Counsel
Ferrara Candy Company (Oakbrook Terrace, IL)

Fostering Greater Collaboration Between Legal and Marketing Teams for the Food Industry: Encouraging Inter-Departmental Cooperations to Work Together Effectively

Matt Griffin
Deputy General Counsel
Ferrara Candy Company (Oakbrook Terrace, IL)

  • Understanding how marketing professionals within the food industry think through the claim development process
    • Comprehending the importance of including legal departments during the research and development stage of a food product
    • What do they need from a legal department in order to effectively perform their jobs?
  • Developing an early cross-communication strategy between R&D, Marketing, and Legal departments in the food industry
  • Communicating effectively with claims substantiation team members so that they understand the risks of pursuing a particular claim
  • Suggesting adjustments to food claims language to reach the joint goal of developing a creative and a compliant claim
10:10 Morning Break


Examining the Latest Claims Substantiation Trends Impacting the Food Industry

Alexander Goldman
National Advertising Division, BBB National Programs, Inc. (New York, NY)

  • Understanding how to properly substantiate claims such as “non-GMO,” and organic, sourcing records on farms, seeds used in crops in order to trace them back to the food products, etc.
  • How does a marketing department’s risk tolerance impact how food claims are handled?
  • How far back in the food supply chain does substantiation need to take place
  • Health claims: Competent and reliable scientific evidence – what kind of evidence is considered enough?
  • Exploring the slippery slope of implied health claims (e.g., picture/ impression of an advertisement, using language that suggests that a product is better/more nutritious)
  • Determining the level of substantiation needed for broader food claims
  • When making a specific food claim, when is it a claim and when is it puffery?
  • Dietary Supplements: Lessons learned from FTC’s latest warning letters and enforcement actions
    • Examining related FDA activity
NAD and FTC Townhall

David O’Toole
Senior Staff Attorney
Federal Trade Commission (Wilmette, IL)

Eric Unis
National Advertising Division, BBB National Programs (New York, NY)

Hear directly from the FTC and NAD on how they evaluate various claims in food advertisements and criteria they use to make these assessments.

12:00 Lunch Break
Examining How to Successfully Manage Social Media Campaigns Related to Food Products

Megan K. Bannigan
Debevoise & Plimpton LLP (Washington, D.C.)

  • Developing techniques for a successful social media campaign involving food products
  • Implementing an actionable social media policy
    • Best strategies for training non-lawyers to review tweets
    • Right of publicity
    • Use of 3rd party content
    • Copyright and trademark concerns
  • Exploring effective ways for advertising on new social media platforms such as Twitch and TikTok as compared to Facebook, Instagram, or Twitter
  • Addressing the challenges of complying with various platforms’ rules in addition to complying with legal requirements
Mitigating Risks Associated with User-Generated Content for Food

Steve P. Blonder
Principal and Management Committee Member
Much Shelist, P.C. (Chicago, IL)

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

  • How can food companies and advertisers use customer reviews in their advertising?
  • Establishing protocols for food companies to safely adopt a customer review
    • Developing guidelines for testimonials
  • Assigning the responsibility of the advertiser and the manufacturer for claims made in customer reviews
    • When and how to disclose whether reviewers are compensated?
  • Analyzing recent FTC enforcement actions
Clarifying the Role of Influencers/Virtual Influencers in the Food Industry

Andrew B. Lustigman
Olshan Frome Wolosky LLP

  • Implementing best practices for engaging with influencers » Can they say what a food company isn’t allowed to say about its product?
    • How to most effectively audit what influencers say
  • Contracting with influencers: What are a food company’s obligations toward influencers and vice versa?
    • When having a contract is not enough: Making sure on an ongoing basis that influencers disclose their engagement by a food company
  • What legal challenges should the food industry be cognizant of with respect to virtual influencers?
  • Understanding why what a virtual influencer says is not considered a testimonial
3:15 Afternoon Break
Understanding the Role of Sweepstakes, Contests and Loyalty Programs in Food Advertising

Raqiyyah Pippins
Arnold & Porter Kaye Scholer LLP (Washington, D.C.)

Gonzalo E. Mon
Kelley Drye (Washington, DC)

  • Identifying the rules of the road with respect to the use of loyalty programs, sweepstakes, and contests by food companies
  • Addressing ways for implementing these programs effectively
    • Pepsi’s example of integrating an entirely new loyalty program
Addressing the Unique Challenges of Children’s Advertising in the Food Industry

Amy Ralph Mudge
Baker & Hostetler LLP (Washington, D.C.)

Dona Fraser
Vice President
Children’s Advertising Review Unit, BBB National Programs (New York, NY)

Sarah Abramson
Kellogg Company

  • Exploring CARU’s recent agenda and priorities relative to the substantiation of food claims in children’s advertisements
  • 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 substantiation requirements for advertising to children
  • Discussing potential penalties for misrepresenting a food product to a child
5:15 Symposium Ends