Food Advertising, Labeling, and Litigation Conference

September 25–26, 2024   Located at Morrison & Foerster LLP
In-Person & Virtual Event

Agenda

Subject to Change
All Times are Eastern Time

To view the session description, please click on the session title. 

Wednesday, September 25

FDLI Welcome
Christine M. Simmon, President & CEO, FDLI

Host Firm Welcome
Brigid DeCoursey Bondoc, Partner, Morrison & Foerster LLP

Keynote Address
Claudine Kavanaugh, Director, Office of Nutrition and Labeling, Center for Food Safety and Applied Nutrition (CFSAN), FDA

This session will cover the biggest year-to-date litigation developments, implications of major class action decisions such as In re Kind LLC (2nd Circuit) and Davidson v. Sprout Foods (9th Circuit), FTC and private party challenges to dietary supplement efficacy claims, and the latest trends in false advertising and other class action filings.

David T. Biderman, Partner, Perkins Coie LLP
Timothy G. Blood, Managing Partner, Blood Hurst & O’Reardon, LLP
Dale Giali, Partner, King & Spalding LLP
Jack Wenik, Member of the Firm, Epstein Becker & Green P.C.
Moderated by Julie Singer Brady, Partner, BakerHostetler

11:10–11:30 AM | Networking Break

Many of today’s consumers seek out products from companies that claim to be committed to lessening—if not eliminating—negative environmental impacts. Panelists will discuss the anticipated 2024 updates to FTC’s Green Guide; state recycling and extended producer responsibility laws; and litigation involving “carbon neutral,” “net zero,” and other claims that have led to greenwashing allegations.

Laura Brett, Vice President, National Advertising Division, Better Business Bureau
Abby Meyer, Partner, Sheppard Mullin
Natalie E. Rainer, Partner, K&L Gates LLP
Moderated by Laura Hammargren, Shareholder, Greenberg Traurig, LLP

12:45 PM–2:00 PM  | Luncheon

In recent years, there has been increasing concern over the presence of environmental contaminants in food products, including but not limited to microplastics, PFAS, and heavy metals such as lead, arsenic, cadmium, and mercury. This has led to increased scrutiny from FDA, state regulators, and consumer protection organizations and law firms. Panelists will discuss federal and state regulatory activity and private litigation in this space and share perspectives on potential future developments.

Matthew G. Ball, Partner, K&L Gates LLP
Joe Dages, Associate, Steptoe LLP
Ronald Y. Rothstein, Partner, Winston & Strawn LLP
Jessica Tierney, Of Counsel, Jones Day
Moderated by Samuel D. Jockel, Partner, Alston & Bird LLP

3:30–3:50 PM | Networking Break

No matter how compliance-oriented and risk-adverse, any food or dietary supplement company can find itself mired in costly litigation. This panel will offer practical advice on preparing for and handling this contingency, including insurance coverage considerations and defense strategies.

Jonathan M. Cohen, Partner, K&L Gates LLP
Christopher A. Cole, Partner, Katten Muchin Rosenman LLP
Moderated by August T. Horvath, Partner, Foley Hoag LLP

5:00–6:30 PM | Reception (In-Person Only)

Thursday, September 26

FDLI Welcome
Steven Leslie, Deputy Director, Educational Programs, FDLI

Substantiation, Dietary Supplements, and the Evolving Functional Foods Marketplace
In the increasingly robust functional foods marketplace, previously little-known or used ingredients are frequently touted for their purported benefits, raising false advertising concerns and potential public health risks. Panelists will address a wide array of topics, including differentiating between dietary supplements, functional foods, and nutraceuticals; the increasing popularity of and claims made regarding cognitive-focused nootropic compounds; and substantiation of structure-function claims across product categories.

Taryn Horr, Managing Scientist, Exponent, Inc.
Evangelia C. Pelonis, Partner, Keller and Heckman LLP
Moderated by Stuart M. Pape, Senior Partner, Polsinelli PC

10:20–10:40 AM | Networking Break

Brands continue to rely on social media for product promotion, with particular focus on testimonials, user reviews, and celebrity and influencer endorsements. The panel will offer practical guidance for compliance with an evolving regulatory framework, including FTC’s final rule banning fake reviews and testimonials and disclosure requirements for cross-jurisdiction online advertising.

Benjamin P. Abel, Attorney
Donnelly L. McDowell, Partner, Kelley Drye & Warren LLP
Moderated by Raqiyyah Pippins, Partner, Arnold & Porter LLP

You get a car, and you get a car, and you get a car! This session will address hot topics in promotions and loyalty programs, including examples of promotions gone sideways and nuts and bolts instructions for developing compliant promotions.

Jason W. Gordon, Partner, Reed Smith LLP

All countries grapple with how to use labels to accurately and effectively communicate product information. This session will review labeling approaches used in other nations, with a focus on front-of-pack labeling in Latin America.

Jose Alberto Campos, Partner, Sánchez Devanny
Daniela Guarita Jambor, Associate Lawyer, SP Law
Moderated by Stefanie Jill Fogel, Partner, DLA Piper LLP

FDA is expected to announce a proposed rule that would require certain nutrition information to be placed on the front of food packaging. However, any such requirement must not violate corporate commercial speech protections under the First Amendment. Panelists will present cases for and against front-of-pack labeling, then review the likely constitutional boundaries of any such requirements.

Veronica Colas, Counsel, Hogan Lovells US LLP
Emily Friedman, Legal Affairs Attorney, Center for Science in the Public Interest
Trenton H. Norris, Partner, Hogan Lovells US LLP
Moderated by Jessica P. O’Connell, Partner, Covington & Burling LLP

3:45 PM | Conference Adjournment