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

Keynote Speaker: Douglas W. Stearn, Deputy Director for Regulatory Affairs, Center for Food Safety and Applied Nutrition (CFSAN), FDA

Highlighted Topics:

  • Case Updates and Current Hot Litigation Issues: Slackfill and Sugar War
  • Contemporary Naming Issues: What do “Lab Grown Meat” and “Plant-Based Products” Really Mean?
  • Upcoming USDA Bioengineered Food Regulations
  • Cross-Cutting State and Federal Regulatory Spheres
  • E-Commerce Regulatory Questions: Novel Issues in Non-Traditional Food Retail
  • Consumer Understanding of Labels and Definitions: Food Fraud, Clean Food, Organic
  • Review of Healthy Claims
  • Rules to Follow for Charitable and Socially Beneficial Food Marketing
  • General Counsel Roundtable


subject to change

Wednesday, September 26

8:15–8:55 AM
Registration and Continental Breakfast

8:55–9:00 AM
FDLI Welcome
Laura Brown, Director, Educational Programs, Food and Drug Law Institute (FDLI)
Stuart M. Pape
, Shareholder, Practice Chair, Polsinelli PC and Planning Committee Chair, Food Advertising, Labeling, and Litigation Conference

9:00–9:45 AM
Keynote Address 
Douglas W. Stearn, Deputy Director for Regulatory Affairs, Center for Food Safety and Applied Nutrition (CFSAN), FDA

9:45–10:45 AM
Case Updates and Hot Topics 
Panelists will discuss current hot litigation topics, including topics such as slackfill and sugar war.
Ronald Rothstein, Partner, Winston & Strawn LLP
Timothy Snail, Vice President, Charles River Associates
R. Trent Taylor, Partner, McGuireWoods LLP
Moderated by Anthony J. Anscombe, Partner, Steptoe & Johnson LLP

10:45–11:15 AM
Networking Break

11:15–11:45 AM
Innovative Foods Part 1: Who has Jurisdiction? 
What agency or agencies have authority to regulate novel technologies, such as example, cellular agriculture?
Deepti Kulkarni, Associate, Sidley Austin LLP
Brian Sylvester, Special Counsel, Wiley Rein LLP
Moderated by Stuart M. Pape, Shareholder, Practice Chair, Polsinelli PC and Planning Committee Chair, Food Advertising, Labeling, and Litigation Conference

11:45 AM–12:45 PM
Innovative Foods Part 2: How are they Regulated? 
How are cutting-edge innovative technologies in agro-business defined?
Panelists will discuss topics such as cellular agricultural products and other vegan alternatives. How are or will these products be regulated?
Jessica Almy, Policy Director, The Good Food Institute
Jessica O’Connell, Special Counsel, Covington & Burling LLP
Sarah Sorscher, Deputy Director, Regulatory Affairs, Center for Science in the Public Interest
Moderated by Stuart M. Pape, Shareholder, Practice Chair, Polsinelli PC and Planning Committee Chair, Food Advertising, Labeling, and Litigation Conference

12:45–1:45 PM
Networking Lunch

1:45–2:45 PM
Consumer Understanding of Labels and Definitions 
How are labels understood by consumers? What happens when terms are undefined? Where is the line between food and dietary supplements and functional foods and dietary supplements? What does Commissioner Gottlieb’s recent announcement that FDA will update its standards of identity policies for marketing milk mean for consumers? Panelists will discuss food fraud, clean food, and organic.
Neal D. Fortin, Professor and Director, Michigan State University
Michael Hansen, Senior Scientist, Advocacy and Public Policy Division, Consumers Union
Jason W. Sapsin, Counsel, Faegre Baker Daniels LLP
Moderated by Brooke Schumm III, President and Principal, Daneker, McIntire, Schumm

2:45–3:45 PM
Upcoming USDA Bioengineered Food Regulations 
In May of this year, USDA proposed a rule that would implement a National Bioengineered Food Disclosure Standard (BFDS). This standard includes definitions of “bioengineered food,” sets forth the nature of required disclosures, proposes levels of exception for small amounts of bioengineered ingredients, and proposes three different new graphic symbols that could be used on packaging to indicate the presence of bioengineered ingredients. If the proposed rule is finalized, what impact would it have on food litigation? False-advertising disputes?
Eleanor Hagan, Associate, Squire Patton Boggs LLP
Rachel Lowe
, Counsel, Alston & Bird LLP
Keith Matthews, Of Counsel, Wiley Rein LLP
Moderated by Karen Carr, Partner, Arent Fox LLP

3:45–4:00 PM
Networking Break

4:00–5:00 PM
Review of Healthy Claims 
How do the current and anticipated revisions to the “healthy regulations” affect claims in products with added sugar and implied nutrient content claims? Panelists will also discuss the new Nutrition Facts as well as updates from FDA’s Nutrition Innovation Strategy meeting that took place in July.
Bruce A. Silverglade, Principal Attorney, Olsson Frank Weeda Terman Matz PC
Christopher G. Van Gundy, Partner, Keller and Heckman LLP
Moderated by Veronica Colas, Senior Associate, Food and Agriculture Law, Hogan Lovells US LLP

5:00–6:15 PM

Thursday, September 27

8:30–8:55 AM
Registration and Continental Breakfast

8:55–9:00 AM
FDLI Welcome and Announcements
Paige Samson
, Assistant Director, Educational Programs, Food and Drug Law Institute (FDLI)

9:00–10:00 AM
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 Hancock, Executive Vice President and General Counsel, American Beverage Association
Meredith Q. Olearchik, Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law, Campbell Soup Company
John M. Packman, Senior Managing Counsel, Food Law and Advertising Substantiation, The Coca-Cola Company
Moderated by Steven H. Armstrong, Independent Advisor, EAS Consulting Group, LLC

10:00–11:00 AM
Website Advertising, Marketing, and Labeling Questions 
Panelists will address how litigation claims work or don’t work with website statements, the standards for website advertising drawn from the FTC, testimonials, the “two-click rule,” and more. In addition, panelists will address social media concerns and how to respond to social media movements, as well as sweepstakes contests and giveaways.
Richard Cleland, Assistant Director, Bureau of Consumer Protection, Division of Advertising Practices, FTC
Kristi L. Wolff, Partner, Kelley Drye & Warren LLP
Moderated by August T. Horvath, Partner, and Co-Chair, Advertising and Marketing Practice, Foley Hoag, LLP

11:00–11:15 AM
Networking Break

11:15 AM–12:15 PM
Exploring Challenges for E-Commerce and Novel Retail 
What are the relevant regulatory concerns for non-traditional food retail contexts, such as meal delivery services? Panelists will address food safety issues, labeling, advertising, and menu labeling issues.
Jenna Robeson, Senior Director, Regulatory Affairs & Compliance, Plated
Suzanne Trigg
, Partner, Haynes and Boone LLP
Moderated by Miriam J. Guggenheim, Partner, Covington & Burling LLP and Member, FDLI Board of Directors

12:15–1:30 PM
Luncheon Address
Bringing Good Food to Market: Fueling Innovation within a Shifting Regulatory Environment

Bruce Friedrich, Co-Founder and Executive Director, The Good Food Institute

1:30–2:30 PM
Good Eats, Good Cause: Legal Rules and Pitfalls for Charitable and Socially Beneficial Food Marketing 
Successful companies are increasingly eager to publicly emphasize their ethical citizenship, advertise their environmentally responsible practices, and participate in charitable and cause-related marketing. Food companies are increasingly expected to market their environmentally sustainable practices and application of ethical principles to their supply chains. Topics covered by the panel will include: cause-related marketing and state co-venture rules, green marketing, charitable marketing and fraud, and supply chain issues and brand image.
Rebecca Griffith, Senior Marketing Counsel, Unilever
David A. Kluft, Partner, Foley Hoag LLP
Laura Koss, Assistant Director, Division of Enforcement, FTC
Moderated by Ricardo Carvajal, Director, Hyman, Phelps & McNamara, PC

2:30–3:30 PM 
Cross-Cutting Regulatory Spheres and State Spotlight 
The impact of FTC, EPA, USDA, and DOJ; their top areas of interest; and challenges in the food space. Attendees will also hear about implementation of food regulations, including FSMA, at the state level.
Laurie J. Beyranevand, Associate Dean for Academic Affairs, Director of the Center for Agriculture and Food Systems and Professor of Law, Vermont Law School
Michael S. Blume, Partner, Venable LLP
Glenn T. Bass, Deputy Director, Office of Human and Animal Food Operations – West, FDA – ORA
Moderated by Raqiyyah R. Pippins, Counsel, Arnold & Porter LLP

3:30–4:30 PM 
Cannabis and CBD in the Food and Dietary Supplement Industries 
This panel will explore the challenging intersection between cannabis/cannabinoids and the food industry, including the relationship with conventional foods and dietary supplements. Panelists will also discuss FDA’s recent approval of Epidiolex, a drug comprised of an active ingredient derived from marijuana. Additional topics include CBD products with unproven drug claims and conventional food and beverage products that contain hemp.
Jonathan A. Havens, Associate, Saul Ewing Arnstein & Lehr
Cindy Rice, President, Eastern Food Safety
Moderated by
Justin J. Prochnow, Shareholder, Greenberg Traurig, LLP

4:30 PM 
Conference Adjournment


Venue Sponsor

Silver Sponsor

Silver Sponsor

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.

Ohio: approved for 11.50 CLE credit hours
Pennsylvania: approved for 12.0 CLE credit hours
Virginia: approved for 10.5 CLE credit hours

Planning Committee

Committee Chair

Stuart Pape, Polsinelli PC

Committee Members

August Horvath, Foley Hoag LLP
Christopher Van Gundy, Keller and Heckman
Alissa Jijon,
US Pharmacopeia
Jessica O’Connell, Covington & Burlington
Meredith Olearchik, Campbell Soup Company
Jason W. Sapsin, Faegre Baker Daniels
Brooke Schumm, Daneker, McIntire, Schumm
Suzanne Trigg, Haynes and Boone LLP
Kurt Weaver, Womble Bond Dickinson

Conference Location

Covington & Burling LLP
850 10th St. NW
Washington, DC 20001

Overnight Accommodations 

A block of rooms has been reserved at the Fairfield Inn and Suites for conference attendees. Reservations can be made online. The group rate is $250/night, and reservations must be received by August 23, 2018 to receive the group rate. After this date, rooms will be subject to prevailing rates and availability.

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