Workshop A — Claims Substantiation Working Group on New Trend in Food Advertising and Promotion

Apr 17, 2023 9:00am – 12:30 PM

Alex Beroukhim
Arnold & Porter

Daniel Range
NAD Attorney
BBB National Programs

Jason Stiehl
Crowell & Moring LLP

The continued explosion of social media, online marketplaces, and digital advertising has changed the landscape for food advertising. While these new platforms increase consumers’ interaction with food products, it also presents new and unique challenges for manufacturers and retailers relative to the claims made in their ads and across these various platforms and media.

In this session, panelists will help you understand what claims you can and cannot make in this new and continually evolving world of advertising and new media.

  • Explore best strategies to avoid misleading advertising
  • Understand the relationship between FDA, USDA, and FTC in the food arena
  • Analyze FTC advertising guidelines (deception, substantiation, environmental, endorsements/ testimonials, Made in USA)
  • Develop best practices for making health-related claims (e.g., natural, healthy, organic, non-GMO)
  • Evaluate claims relative to high-profile ingredients (e.g., vitamins, milk, proteins, fruits, and vegetables) as opposed to/in addition to predominant ingredients
  • Discuss potential penalties for misrepresenting a food product to a child
  • Explore enforcement activity for unsubstantiated claims, including recent warning letters
  • Examining the recent claim challenges for food products
    • NAD challenges
    • Class actions