Conf. 2: Advertising

February 6

(Slides updated 2/6)

Food Advertising, Labeling, and Nutrition: What to Expect in 2013 
Federal, state and local governments are increasingly regulating food advertising, labeling and nutrition. With growing concern about the nationwide obesity epidemic, consumers are demanding healthier products, while advocacy groups are paying increased attention to marketing claims focused on health benefits. The bottom line: the current climate is ripe for Lanham Act competitor suits, consumer class actions, FTC enforcement actions and FDA warning letters. Attendees heard first-hand from federal and state government officials, industry representatives and consumer protection advocates about food advertising, label and nutrition regulation and litigation. Food stakeholders also discussed the current debate surrounding the labeling of genetically modified foods and the effectiveness, as a policy matter, of nutrition labeling.


8:00 – 8:30 a.m. 

Registration and Continental Breakfast

Sponsored by



9:00 – 9:15 a.m. 

FDLI Welcome

Michael D. Levin-Epstein, Senior Vice President, Product Development and Editor-in-Chief, The Food and Drug Law Institute

9:15 – 10:15 a.m. 

Advertising, Labeling and Nutrition Regulatory Initiatives in 2013: The Federal Perspective and State Perspective

Tawana E. Davis, Attorney, Division of Advertising Practices, Bureau of Consumer Protection, FTC | Slides
Ellen J. Fried, Assistant Attorney General, Consumer Frauds and Protection Bureau, New York State Office of the Attorney General | Slides


10:15 – 10:45 a.m. 

Refreshment and Networking Break

10:45 – 12:15 p.m. 

Trends in Litigation

Stefanie Jill Fogel, Partner, DLA Piper | Slides
Justin J. Prochnow, Shareholder, Greenberg Traurig, LLP | Slides

Moderated by Ronald Y. Rothstein, Partner, Winston & Strawn LLP | Slides

12:30 – 1:45 p.m. 

Luncheon 

Sponsored by



1:45 – 3:00 p.m. 

The Proposition 37 Debate:  What’s Next? 

Todd A. Harrison, Partner, Venable LLP
Andrew Kimbrell, Executive Director, Center for Food Safety
Michael Gruber, Vice President of Federal Affairs, Grocery Manufacturers Association

Moderated by Bruce A. Silverglade, Principal, Olsson Frank Weeda Terman Matz PC


3:00 – 3:30 p.m. 

Refreshment and Networking Break 

3:30 – 5:00 p.m. 

Dialogue: How Effective is Nutrition Labeling?

Karin A. Gregory, Managing Partner, Furman Gregory Deptula LLC | Slides
Erik R. Lieberman, Regulatory Counsel, Food Marketing Institute | Slides
Margo Wootan, Director of Nutrition Policy, Center for Science in the Public Interest | Slides

Moderated by Ricardo Carvajal, Director, Hyman, Phelps & McNamara, P.C.

5:00 p.m. 

Adjournment