Join prominent practitioners and thought leaders from the food and dietary supplements industry for this two-day conference that will address the most pressing issues in advertising, labeling, and litigation.

Highlighted Topics:

  • Supply Chain Risk Considerations and Marketing Claims
  • Social Media Marketing
  • Trademarks, Product Claims, and Litigation
  • Label Claims and Substantiation
  • Medical Foods: Scientific Factors and Enforcement Actions
  • Naming of Plant-Based Food Products and Standards of Identity
  • Litigation Trends: The Latest on New and Undefined Terms
  • General Counsel Roundtable

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Industry & Firms

$899
  • +$200 for nonmembers
  • +$100 after 8/18/2017

Non-Profit

$599
  • +$200 for nonmembers
  • +$100 after 8/18/2017

Government

$599
  • +$200 for nonmembers
  • +$100 after 8/18/2017

Academic

$599
  • +$200 for nonmembers
  • +$100 after 8/18/2017

Student

$99
  • +$100 for nonmembers
  • +must provide transcripts

Agenda

subject to change

Wednesday, September 13

8:15–8:55 AM
Registration and Breakfast

8:55–9:00 AM
Welcome
Laura Brown, Acting Director, Educational Programs, Food and Drug Law Institute
Meredith Olearchik, Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law, Campbell Soup Company and Planning Committee Chair, Food Advertising, Labeling, and Litigation Conference

9:00–9:45 AM
Keynote Address: FDA Regulatory Update
Dr. Susan T. Mayne
, Director, Center for Food Safety and Applied Nutrition (CFSAN), FDA (Invited)

9:45–10:15 AM
Center for Science in the Public Interest (CSPI) Update
CSPI will provide an update on the future of nutrition facts label, how labels can be misleading even if they comply with FDA regulations, and areas where labeling could be improved to meet the needs of consumers, especially with regard to providing adequate nutrition information.

Laura MacCleery, Director of Regulatory Affairs, CSPI

10:15–10:30 AM
Coffee and Networking Break

10:30–11:30 AM
Social Media Marketing
This session will discuss influencers, social responsibility via digital ads, social media strategies, and practical elements of effective online disclosures.

Megan Olsen, Special Counsel, Wiley Rein LLP
Moderated by Jason Sapsin, Counsel, Faegre Baker Daniels LLP

11:30 AM–12:30 PM
Supply Chain Considerations and Marketing Claims
During this session, speakers will discuss how ingredients impact labeling, as well as marketing products based on supply chain factors such as country of origin.

Rend Al-Mondhiry, Associate General Counsel, Council for Responsible Nutrition
Steven H. Armstrong, Independent Advisor, EAS Consulting Group, LLC
Miriam Guggenheim, Partner, Covington & Burling LLP, and Member, FDLI Board of Directors

12:30–1:45 PM
Networking Lunch

1:45–2:45 PM
Label Claims and Substantiation
In this multi-stakeholder session, you will hear from FTC regarding its expectations for substantiation, challenges facing industry, and strategies to overcome these challenges.

Richard Cleland, Assistant Director, Bureau of Consumer Protection, Division of Advertising Practices, FTC
Moderated by Veronica Colas, Senior Associate, Hogan Lovells US LLP

2:45–3:45 PM
Medical Foods: Scientific Factors and Enforcement Actions
This session will discuss some of the most pressing issues in medical foods. Speakers will highlight recent trends in enforcement, as well as discuss distinctions between a medical food, dietary supplement, and food for special dietary use, and the scientific requirements for each.

Diane McEnroe, Partner, Sidley Austin LLP

3:45–4:00 PM
Coffee and Networking Break

4:00–5:00 PM
Inter-Agency Overlap and Jurisdictional Boundaries
FDA, USDA, EPA, and CPSC all have a hand in the regulation of food. This session will discuss the regulatory interplay between these agencies. USDA will also provide an update on the implementation of GMO labeling.

Andrea Huberty, Senior Policy Analyst, National Bioengineered Food Disclosure Standard, USDA
Moderated by Ricardo Carvajal, Director, Hyman, Phelps & McNamara, PC

5:00–6:30 PM
Networking Reception

Thursday, September 14

8:30–9:00 AM
Breakfast

9:00–10:00 AM
Litigation Trends: The Latest on New and Undefined Label Claims
What’s next for healthy and natural? What new terms are taking their place on labels, and subsequently in litigation? This panel will dive into recent litigation and what to expect next for food and dietary supplements.

August T. Horvath, Partner, Kelley Drye & Warren LLP
Caroline W. Hudson
, Senior Associate, Winston & Strawn LLP
Yvonne McKenzie
, Partner, Pepper Hamilton LLP

10:00–11:00 AM
Trademarks, Product Claims, and FDA Regulation
Product names can be more than an identifier – they can, and often do, make claims about a product’s attributes. Similarly, romance language, vignettes, and other material on packaging is often used to make or imply claims about a product’s attributes, which can make marketers the targets of class action lawsuits or enforcement activities from FDA and/or FTC. Product names and packaging vignettes need more than trademark and trade dress clearance – they also need regulatory review and risk assessment. This session will review recent litigation trends and provide practical guidance.

Anthony Anscombe, Partner, Sedgwick LLP
Moderated by Suzanne Trigg, Partner, Haynes and Boone LLP

11:00–11:15 AM
Coffee and Networking Break

11:15 AM–12:15 PM
Food Fraud: The Role of Standards and the Litigation Implications

Christopher Van Gundy, Partner, Keller and Heckman LLP
Moderated by Alissa Jijon, Senior Counsel, Global Legal Affairs – Standards, U.S. Pharmacopeia

12:15–1:30 PM
Luncheon Address: What’s New in Food Policy
Delve into the world of food policy: learn what issues are front-and-center, from the potential for a national food strategy, focus on food systems awareness, to conquering food waste.

Laurie Beyranevand, Senior Faculty Fellow of Food Law and Policy, Center for Agriculture and Food Systems, and Professor of Law, Vermont Law School

1:30–2:30 PM
Naming of Plant-Based Food Products and Standards of Identity
Got soy-based dairy alternative? In an ever-growing world of alternative products, this panel will delve into legal issues in naming plant-based products and the role of standards of identity.

Jessica Almy, Policy Director, The Good Food Institute
Moderated by
Stuart Pape, Shareholder, Polsinelli PC

2:30–3:30 PM
General Counsel Roundtable
What keeps General Counsels up at night? Hear directly from industry counsels about their biggest concerns during this insightful conversation as they share what’s top of mind.

Amy E. Hancock, Executive Vice President and General Counsel, American Beverage Association
Meredith Olearchik
, Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law, Campbell Soup Company
John M. Packman, Senior Counsel, Food Law and Advertising Substantiation, The Coca-Cola Company
Moderated by Mark Mansour, Partner, Mayer Brown LLP

3:30 PM
Conference Adjournment

Planning Committee

Commitee Chair

Meredith Q. Olearchik, Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law, Campbell Soup Company

Committee Members

Rend Al-Mondhiry, Associate General Counsel, Council for Responsible Nutrition
Jim Huang, Director, FCM/Global SRA/TCCC, The Coca-Cola Company
Alissa Jijon, Senior Counsel, Global Legal Affairs – Standards, U.S. Pharmacopeia
Diane C. McEnroe, Partner, Sidley Austin LLP
Stuart M. Pape, Shareholder, Polsinelli PC
Justin J. Prochnow, Shareholder, Greenberg Traurig, LLP
Jason W. Sapsin, Counsel, Baker Faegre Daniels LLP
Suzanne L. Trigg, Partner, Haynes and Boone LLP

Continuing Legal Education

FDLI applies for CLE credits in Ohio, Pennsylvania, and Virginia. These CLE approvals may also be honored by other states; please check with your bar association for guidance. The CLE credits will be posted as they are granted and you can request to be notified when approval is received.

Location and Overnight Accommodations

Location

Jones Day
300 New Jersey Avenue, NW
Washington, DC 20001

Overnight Accommodations

The following hotels are within walking distance of the meeting location:

The Liaison Capitol Hill, 415 New Jersey Ave NW
Hyatt Regency Washington on Capitol Hill, 400 New Jersey Ave NW
Washington Court Hotel, 525 New Jersey Ave NW
Kimpton George Hotel, 15 E St NW

Parking and Public Transportation

There is public parking in the garage underneath the building. The garage entrance is at 311 First St. NW – next to the loading dock, almost to the corner of D St. NW. The cost is $24.00 per day.

The office is in walking distance of the Judiciary Square and Union Station Metro stops.

Please contact the Conference Department with any accessibility requirements or dietary restrictions, or for other questions.