Thursday, November 15
8:30 - 9:15 a.m.
Registration and Continental Breakfast
9:15 - 9:30 a.m.
Welcome and Opening Remarks
August T. Horvath, PhD, Partner, Kelley Drye & Warren LLP
Michael Levin-Epstein, Vice President of Development, FDLI
Bethany J. Trachtenberg, Senior Associate, Hodgson Russ LLP, NYSBA
9:30 - 10:30 a.m.
Keynote Addresses: Regulation of Food Advertising: Review of 2012 and Look Ahead at 2013 by Top Government Officials
Mary L. Johnson, Senior Attorney, Division of Advertising Practices, FTC
Janet M. Evans, Attorney, Division of Advertising Practices, FTC
Ellen J. Fried, Assistant Attorney General, Consumer Frauds and Protection Bureau, New York State Office of the Attorney General
10:30 - 10:45 a.m.
Networking Break
10:45 - 11:45 a.m.
Regulation of Food Advertising in 2012 and 2013: Reaction from Industry and other Stakeholders
Richard A. Samp, Chief Counsel, Washington Legal Foundation
Bruce A. Silverglade, Principal, Olsson Frank Weeda Terman Matz PC
Crystal T. Williams, Associate, Barnes & Thornburg LLP
Moderated by August T. Horvath, PhD, Partner, Kelley Drye & Warren LLP
11:45 a.m. - 12:45 p.m.
Functional Food: Claims and Substantiation
The increasing use of marketing claims to communicate health-related information about food has resulted in more enforcement actions by regulatory agencies, challenges by industry self-regulatory bodies, and class action lawsuits by private plaintiffs under state consumer protection laws. The potential liability is greater than ever. This panel will discuss the types of claims that have triggered actions, and best practices for evaluating claims and managing risk, including:
- The effect of class action lawsuits on risk assessments for claims; and
- New challenges for many food companies if the California Right to Know Genetically Engineered Food Act passes on November 6.
Jason M. Brocks, Legal Analyst, Bloomberg Law
Hope S. Freiwald, Partner, Dechert LLP
Amy Norris, Chief Legal Counsel, Clif Bar & Company
Moderated by Leslie T. Krasny, Partner, Keller and Heckman LLP and Director, FDLI Board
12:45 - 1:45 p.m.
Networking Lunch
1:45 - 2:45 p.m.
Review of Key Cases and Settlements in 2012, and a Look Ahead to 2013
Michael R. Reese, Attorney, Reese Richman, LLP
Ronald Y. Rothstein, Partner, Winston & Strawn LLP
Harold P. Weinberger, Partner, Kramer Levin Naftalis & Frankel LLP
2:45 - 3:00 p.m.
Networking Break
3:00 - 4:00 p.m.
Strategies for Avoiding and Dealing with Litigation Issues
Lauren E. Aguiar, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Mark C. Dosker, Partner, Squire Sanders
Kathleen Dunnigan, Senior Staff Attorney, National Advertising Division, Council of Better Business Bureaus
Stephen Gardner, Director of Litigation, Center for Science in the Public Interest
Brian O’Malley, President and CEO, Domino Foods Inc.
4:00 - 5:15 p.m.
Roundtable Discussion
Kathleen Dunnigan, Senior Staff Attorney, National Advertising Division, Council of Better Business Bureaus
Stephen Gardner, Director of Litigation, Center for Science in the Public Interest
John G. Moore, PhD, Of Counsel, Venable LLP
Steven Shapiro, Partner, Ullman, Shapiro & Ullman, LLP
Moderated by Miriam J. Guggenheim, Partner, Covington & Burling LLP
5:15 p.m.
Networking Reception hosted by Kelley Drye & Warren LLP