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Food Label Claims: Mitigating Legal & Regulatory Risks Conference

September 10-11, 2019 | Chicago, IL
Crowne Plaza Chicago West Loop
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DAY ONE | TUESDAY, SEPTEMBER 10

8:00 REGISTRATION & WELCOME COFFEE

8:50 CHAIRPERSON’S OPENING REMARKS
Richard Fama, Attorney, COZEN O’CONNOR

9:00 REGULATORY PERSPECTIVE PANEL DISCUSSION: PARAMETERS TO DETERMINE IDEAL LEVELS OF FOOD CLAIMS FOR PRODUCTS

  • Balancing inclusion of label claims with crowding package design
  • Utilization of buy trend analyses to explore impact of food claims
  • Strategies to minimize potential for overwhelming consumers

MODERATOR: Richard Fama, COZEN O’CONNOR

PANELISTS:
Tina Knauss, THE J.M. SMUCKER COMPANY

Richard D’Aloisio, MONDELEZ INTERNATIONAL

Karen Jensen, REILY FOODS

Justin Crews, J & J SNACK FOODS

 

10:00 CO-PRESENTATION: STRENGTHEN VALIDITY OF LABEL CLAIMS BY LEGAL AND REGULATORY COLLABORATION
Collaboration between regulatory and legal teams lends to increased approval rates of compliant food label claims and in turn decreases the time to market. When cross-functional communication is emphasized, manufacturers reduce the risk of necessary reformulation, reorganized marketing campaigns, or unexpectedly re-framing claims. Outlining mandatory nutritional evidence required to support food label claims early on, helps promote efficient operations internally and alleviates potential setbacks in timelines.

  • Optimal points in timeline for early collaboration
  • Maintaining consistent cross-functional communication
  • Adjusting levels of collaboration appropriate to risk

Meredith Olearchik, CAMPBELL SOUP COMPANY

Jennifer Dadak, CAMPBELL SOUP COMPANY

 

10:45 COFFEE AND NETWORKING BREAK

 

11:15 SMALL GROUP BREAK OUT DISCUSSIONS: PRODUCING EVIDENTIAL SUPPORT OF NOVEL LABEL CLAIMS
While unique food label claims attract consumers and set manufacturers apart from competing products, regulatory executives must provide evidential support for unclearly defined standards. Novel claims such as “nothing fake,” “no nonsense,” or “no bad stuff” appeal to market trends yet position food manufacturers to create and enforce internal justifications. Outlining the potential consumer expectation from novel claims to ensure manufactures deliver intended promises is vital to alleviate negative and legal repercussions.

  • Providing evidential support of novel claims
  • Measuring levels of customer expectation
  • Creating originality from established standards

GROUP ONE: Liana Akkawi, RXBAR

GROUP TWO: Marisol Mork, SQUIRE PATTON BOGGS

 

12:00 LUNCHEON FOR ALL PARTICIPANTS

 

1:15 – 2:45 AMBIGUOUS CLAIMS MODULE: INCREASING RISK MITIGATION THROUGH CONSUMER TRUST
As food manufacturers strive to continually stay current of top trending food claims that resonate with the evolving values of consumer markets, regulatory teams are challenged to incorporate popular label claims that are not clearly defined by regulators. To avoid litigation and refraining from misleading consumers, regulatory executives must create clear definitions to ensure customers understand what to expect from well-being and attribute label claims. Manufacturers are called to communicate with suppliers to understand how product ingredients are processed and gauge consumer expectation to convey accurate, transparent information.

 

1:15 OUTLINING PARAMETERS FOR WELL-BEING FOOD LABEL CLAIMS

  • Justification of “good for you,” “wholesome,” and “smart”
  • Utilizing nutrients for evidential support of well-being claims
  • Measuring levels of consumer expectation from phrasing
  • Creating proposed definitions from established standards
  • Expectations of updated FDA standard to “healthy” definition

Neal Fortin, Professor and Director, Institute for Food Laws & Regulations
MICHIGAN STATE UNIVERSITY

 

2:00 CONSTRUCTION OF DESCRIPTION REQUIREMENTS FOR ATTRIBUTE LABEL CLAIMS

  • Analyzing consumer interpretations of attribute label claims
  • Evidential support of “natural” and other attribute label claims
  • Differentiation between “natural,” “simple,” “whole,” and “pure”
  • Aligning attribute label claims with pre-existing regulations
  • Review of recent legal suits based on product attribute claims

Victoria Jalo, Senior Regulatory Counsel, WHOLE FOODS MARKET

 

2:45 COFFEE AND NETWORKING BREAK

 

3:15 SUBSTANTIATE ANIMAL RAISING CLAIMS FOR LABEL SUBMISSIONS TO COMPLY WITH FSIS REGULATIONS
The responsibility to ensure label claims on meat and poultry products are truthful and not misleading is a rapidly evolving trend as consumers become more conscious of meat and poultry products’ origins. Labels bearing claims referring to the way animals are sourced and raised need to be evaluated and approved prior to use. Understanding the FSIS’s review process and supplemental documentation needed to submit claims provides clarification to manufacturers for faster approval on products going to market.

  • Supporting documentation required for each specific claim
  • Frequently used animal raising claims’ characteristics
    • Raised Without Antibiotics
    • Organic, Grass Fed, Free-Range
    • Raised Without the Use of Hormones
  • Common guidelines associated with issuances
  • Requirements for duplicating raising claims from purchased products

Jeff Canavan, Deputy Director, Labeling & Program Delivery Staff, USDA FSIS

 

4:00 INNOVATIVE APPROACHES TO PLANT-BASED FOOD LABEL CLAIMS TO REACH TARGET CONSUMER MARKET
As plant based beverages and meat substitute products increasingly hit the market, regulatory executives must carefully consider potential implications when claiming food identities such as milk and meat. State issued regulations regarding the standards for meat identity claims and the FDA’s proposed identity standard for milk claims push regulatory teams to create alternative and innovative methods for appealing to customers, reaching consumer expectation, while reducing the risk of false label claims. Pinpointing standards of identity within the dairy and meat industries allow manufacturers to push plant based products to market without setbacks in timelines or backlash from regulated bodies, consumers, or those within the meat and dairy industries.

  • Alternate phrasing for milk and meat
  • Guidelines to define milk and meat
  • Mitigate identified risks of false label claims

Karen Jensen, Senior Manager, Regulatory Affairs, REILY FOODS

 

4:45 PROJECTING THE BIOENGINEERED FOOD DISCLOSURE’S IMPACT ON NON-GMO LABEL CLAIMS
Inconsistent definitions and tolerance thresholds established by regulators and third-party certifiers challenge regulatory executives to thoroughly understand appropriate use of non-GMO claims. As the bioengineered food disclosure mandatory compliance date approaches in 2022, manufacturers must consider implied claims from this disclosure as well as gaps in consumer understanding, access to electronic and digital disclosure methods, and mechanisms to provide objective education in relation to non-GMO claims. Outlining the requirements for the bioengineered food disclosure and its potential effect on non-GMO claims, including Non-GMO Project Verified, can assist with strategizing approaches, consumer education, and appropriate claims usage.

  • Decoding inconsistencies between USDA and Non-GMO Project
  • Assessing the impacts on non-GMO product label claims
  • Identifying implied claims from BE disclosure statements

Erin Auld, Legal & Regulatory Affairs Manager, NON GMO PROJECT

 

5:30 END OF DAY ONE CONFERENCE