Food Label Claims: Mitigating Legal & Regulatory Risks Conference

September 10-11, 2019 | Chicago, IL
Crowne Plaza Chicago West Loop
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DAY TWO | WEDNESDAY, SEPTEMBER 11

8:30 REGISTRATION & WELCOME COFFEE

8:55 CHAIRPERSON’S OPENING REMARKS
Richard Fama, AttorneyCOZEN O’CONNOR

9:00 CO-PRESENTATION: IMPACT OF RESIDUAL AND TRACE INGREDIENTS ON VALID FOOD LABEL CLAIMS
Residual and trace ingredients found in packaged food products challenge the validity of “free from” label claims and in turn, regulatory executives must consider elements that impact products beyond listed ingredients. As regulations evolve around acceptable percentages of trace ingredients, the higher the priority becomes for food manufacturers to eliminate unacceptable levels by monitoring all aspects of product ingredients. To best support food label claims and avoid legal scrutiny, regular review of unacceptable percentage levels, close evaluation of operational processes, and consideration of the proposed risk to food label claims is necessary.

Dayna Nicholas, LAND O’ FROST

Anjie McCroskey, LAND O’ FROST

 

9:45 LEGAL PERSPECTIVE: OVERCOMING CLASS ACTION LAWSUITS WITH FOOD LABEL CLAIMS
As food manufacturers continue to explore ways to expand brands’ availability in the market, the possibility for a product’s nutritional and dietary claims to be misconstrued equally rises. While the industry is working toward greater harmonization and clarity surrounding evidentiary requirements and clear claim definitions, regulatory affairs teams need to ensure label claims meet the current legal standards to mitigate any risk of litigation. As precedent in misconstrued label claims is being built by present day class action suits outcomes, by exploring the outcomes of those cases internal regulatory and legal teams will be better equipped to protect brand integrity in the marketplace.

Maile Hermida, Partner, HOGAN LOVELLS

 

10:30 COFFEE AND NETWORKING BREAK

 

11:00 UPHOLDING ORGANIZATIONAL INTEGRITY BY EVOLVING INTERNAL COMPLIANCE STRATEGIES
Food manufacturers are responsible for creating internal policies that ensure the continued distribution of accurate and truthful claims to consumers. By developing self-policing strategies for in-house teams that emphasize ongoing compliance with regulated standards, regulatory executives can better assess risk and strengthen consumer trust. Through frequent review of regulatory guidance and implementing self-checking documentation, food manufacturers can reduce the risk of misleading consumers and build brand integrity.

Ebru Basaran-Shull, Principal, Compliance & Government Affairs, SARGENTO FOODS

 

11:45 ELEVATING CONSUMER CONFIDENCE AND PRODUCT VALUE THROUGH PRIVATE LABEL CLAIMS

  • Strengthening product value through use of label claims
  • Aligning label claims to compete with name brand products
  • Evidential support of similar claims
  • Appropriate inclusion of trending claims
  • Customer education strategies to increase private label trust
  • Utilizing novel label claims to set apart from brand competition

Darin Detwiler, Assistant Dean & Professor of Food Regulatory Affairs
NORTHEASTERN UNIVERSITY

 

12:30 LUNCHEON FOR ALL SPEAKERS, SPONSORS AND ATTENDEES

 

1:30 WORKSHOP: CALCULATING FOOD LABEL CLAIMS’ LEVEL OF RISK AND REWARD
Label claims not subject to defined government regulations such as “natural” and “healthy” are positioned at higher risk levels for consumer backlash and class action litigation than those with clearly outlined standards, such as those including the verbiage “excellent” or “good” within the source claim. Collaboration between regulatory and legal teams is required to calculate risk and measure the associated reward involved when implementing claims to ensure products perform well in the market and accurately emphasize the desired qualities to consumers. Careful review of warning letters and approaches to high risk claims scenarios guide regulatory teams with actionable strategies to best prevent future conflict.

GROUP ONE: HIGH RISK
Kevin MacKinnon, BOAR’S HEAD BRAND

GROUP TWO: LOW RISK
Kathryn Lawson, NESTLE USA

 

2:30 REGULATORY PERSPECTIVE PANEL DISCUSSION: EVOLVING FOOD CLAIMS FROM TRADITIONAL PACKAGING TO IN-STORE AND E-COMMERCE SIGNAGE

  • Benefits and risks of product label claims vs. in-store signage
  • Trends in increased e-commerce food purchasing based on claims
  • Exploring in-store signage claims impact on product purchasing

MODERATOR: Darin Detwiler, NORTHEASTERN UNIVERSITY

PANELISTS:
Anjie McCroskey, LAND O’ FROST

Michael Stephens, BAMA SEA PRODUCTS, INC.

 

3:15 REGULATORY PERSPECTIVE: NAVIGATING THE USE OF CBD OIL AS A FOOD CLAIM
Cannabidiol, commonly referred to as CBD, is non-psychoactive natural compound that many consumers use as a treatment to relieve anxiety, increase sleep and decrease joint pain, and the industry is seeing an increased use of this product in food and beverage products. Many state governments throughout the US are exploring the implementation of legislation regarding the use of CBD oil production and use of the product in food manufacturing; due to the lack of FDA regulations CBD products remains a very controversial claim. Regulatory executives must have a comprehensive understanding of the legal considerations impacting CBD food claims to determine if the risk and potential benefits of launching products in this trending CBD market.

Vincent Sliwoski, Managing Attorney, HARRIS BRICKEN

 

4:00 END OF CONFERENCE