Thursday, March 26
8:50 – 9:00 AM
Welcome and Opening Remarks
Amy Comstock Rick, President & CEO, FDLI
Laura Brown, Director, Educational Programs, FDLI
Elizabeth B. Fawell, Partner, Hogan Lovells and Chair, FDLI Food Enforcement and Compliance Conference Planning Committee
9:00 – 9:45 AM
Frank Yiannas, Deputy Commissioner for Food Policy and Response, Office of the Commissioner, United States Food and Drug Administration (FDA)
FDA Nutrition Innovation Strategy Session #1: Redefining Healthy and Related Litigation
In recent years, consumers have expressed greater interest in the nutritional content of the foods they eat. However, there is a great deal of confusion by both consumers and manufacturers on what exactly makes for a “healthy” product. To address this confusion, and account for recent nutrition research, FDA will soon release its revised guidance on using the word healthy on food product labels, essentially redefining the term. Panelists will address the most pressing issues the guidance is likely to or should address, as well as how the guidance may impact pending and future health claim-focused litigation.
Robert Earl, Director, Regulatory Policy and Intelligence, Kerry, Inc.
Marisol C. Mork, Partner, Squire Patton Boggs LLP
Sarah Sorscher, Deputy Director of Public Affairs, Center for Science in the Public Interest (CSPI)
Moderated by Sarah Roller, Partner, Kelley Drye & Warren LLP
10:45 – 11:00 AM
11:00 AM–12:00 PM
FDA Nutrition Innovation Strategy Session #2: Standards of Identity and the Quest to Define “Meat” and “Dairy”
A critical component of FDA’s Nutrition Innovation Strategy is modernizing its Standards of Identity in light of the latest nutritional science and marketing trends, allowing for greater innovation in developing new products and improving the nutrition content of existing ones. This session will feature a variety of perspectives on the challenges and issues facing FDA in this endeavor, including a framework for labeling plant-based dairy products. Panelists will also address current issues surrounding plant-based meat labeling, including the proposed federal REAL Meat Act and similar state laws and bills.
Nigel Barrella, Regulatory Counsel, The Good Food Institute
Mark Dopp, General Counsel and Senior Vice President, Regulatory Affairs and Scientific Affairs, North American Meat Institute
Gregory A. Frantz, Senior Marketing & IP Counsel, Campbell Soup Company
Moderated by Alyssa L. Rebensdorf, Counsel, Faegre Drinker Biddle & Reath LLP
12:00 – 1:00 PM
This session will feature timely updates from USDA staff, including areas of focus for its Food Safety and Inspection Service (FSIS) and common bioengineered ingredient disclosure questions received by its Agricultural Marketing Service (AMS).
Carlynne Cockrum, Assistant Deputy Administrator, FSIS, USDA
Trevor Findley, Deputy Director, Food Disclosure and Labeling, USDA
1:45 – 2:45 PM
All Things Enforcement: Criminal and Civil Trends and Priorities for Foods and Dietary Supplements
FDA and the Department of Justice (DOJ) both play a vital role in enforcing federal regulations and ensuring the safety of our food and dietary supplements. Panelists will discuss how FDA is utilizing its increased authority under the Food Safety Modernization Act (FSMA), the increased oversight of products imported into the United States, DOJ enforcement priorities, and the role of science in criminal prosecution under the Dietary Supplement Health and Education Act (DSHEA).
Andrea Bruce, Director and Assistant General Counsel, Regulatory, The Hershey Company
Megan Englehart, Trial Attorney, Consumer Protection Branch, US Department of Justice
Patrick F. Linehan, Partner, Steptoe & Johnson LLP
Moderated by Elizabeth B. Fawell, Partner, Hogan Lovells LLP and Chair, FDLI Food Enforcement and Compliance Conference Planning Committee
2:45 – 3:00 PM
Recalls are on the rise for both FDA and USDA regulated products. This session will dive into recent trends in food and dietary supplement recalls, including: (1) The types of products being recalled more frequently, such as lettuce and poultry products; (2) The nature of these recalls, such as pathogens, undisclosed allergens, and the presence of foreign material; and (3) What industry developments are driving this increase, such as FSMA regulations taking effect and better product testing methods using more sensitive instruments. Panelists will also discuss strategies and best practices for minimizing recall risks for retailers and manufacturers.
Ryan Gooley, Recall Consultant, Stericycle
Allen Sayler, Senior Director of Food Consulting Services, EAS Consulting Group, LLC
Hilary Thesmar, Chief Food and Product Safety Officer and SVP Food Safety, Food Marketing Institute
Moderated by John Packman, Of Counsel, DLA Piper LLP (US)
4:00 – 5:00 PM
The Cannabis Hour: Federal and State Developments in the Evolving World of Hemp and Cannabidiol (CBD) Regulation
There has been a seismic shift in laws and regulations covering cannabis, making it one of the fastest growing American industries over the past two years. This session will cover the status of USDA’s final rule for hemp production, the latest developments on state and federal regulations for using CBD in food, dietary supplements, and cosmetics, and practical advice for producers, manufacturers, and retailers on how to remain compliant in this complex and evolving regulatory framework.
Frederick R. Ball, Partner, Duane Morris LLP and Treasurer, FDLI Board of Directors
Daniel R. Dwyer, Partner, Kleinfeld Kaplan & Becker LLP
Deborah Miran, Former Commissioner, Maryland Medical Cannabis Commission
Moderated by Ricardo Carvajal, Director, Hyman, Phelps & McNamara PC
Closing Remarks and Adjournment
Steven Leslie, Assistant Director, Educational Programs