5th Advanced Summit on Food Law Regulation, Compliance, and Litigation - DS

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5th Advanced Summit on

EARN CLE

Food Law

CREDITS

REGULATION, COMPLIANCE, AND LITIGATION May 12–13, 2021 (CDT) | Virtual Conference 2021 Co-Chairs:

Stuart M. Pape

FTC and NAD Townhall:

Suzie Trigg

Shareholder Polsinelli PC

Partner Haynes and Boone, LLP

Featured In-House Counsel From: » » » » » » »

Barilla America, Inc. Campbell Soup Company Canopy Growth Corporation Cargill Danone North America HP Hood LLC Garden of Life Jelly Belly Candy Company

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» » » » » » »

PepsiCo Perrigo Company plc Recess The Good Food Institute The Hershey Company Whole Foods Market 7-Eleven

Richard L. Cleland

Division of Advertising Practices Federal Trade Commission

The “Who’s Who of the Food Law Bar” will give you critical insights on:

Kathleen Dunnigan

Senior Staff Attorney National Advertising Division

Conference Contributors

y Plant-Based “Meats” and “Milks”: Anticipating the FDA’s/USDA’s Regulatory Platform y CBD and Cannabis y Anticipated Trade and Tariff Environment under the Biden Administration y The Role of Influencers and User-Generated Content y Recalls and Crisis Management

AmericanConference.com/FoodLaw • 888 224 2480

Part of C5 Group’s LEGAL GLOBAL SERIES

Interactive Virtual Conference Experience ACI’s 5th Annual Advanced Summit on Food Law – Regulation, Compliance and Litigation is returning this Spring — in a unique, interactive virtual format. Join key legal, regulatory and compliance stakeholders for the food industry to discuss how to best prepare for the future by examining current challenges, benchmarking existing strategies, and analyzing critical areas for innovation.

Why This Event Stands Apart: CHEVRON-DOUBLE-RIGHT

Special Focus Sessions on: y The proliferation of plant-based foods y The role of social media, including influencers, and user generated content on the food industry y The impact of trade and tariffs on the food industry y Recall obligations and crisis management integration y Class actions

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Spotlight session on the use of CBD hemp oil in food products

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A conversation with the FTC and NAD

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Networking and brainstorming opportunities with top regulatory and compliance executives and legal counsel

We hope that you will join us at this one-of-a-kind national forum for an unparalleled learning and networking experience.

REGISTER NOW 2 | #FoodLaw

twitter: @ACI_Food linkedin: ACI Food and Beverage Counsel

This program is designed to bring the dynamic, in-person conference experience to you virtually with multiple ways to engage with speakers, stay connected with industry peers and expand your professional network through 1-on-1 conversations.

CHEVRON-DOUBLE-RIGHT Virtual Networking Opportunities Take advantage of 1:1 speed networking and direct video chats with fellow conference participants. Your next legal team, business partner, or client could be right in one of our virtual networking rooms — it is up to you to find them!

CHEVRON-DOUBLE-RIGHT Live Polling Weigh in and seize the opportunity to benchmark with industry peers in real-time on leading issues such as sensitive, complex hypothetical scenarios.

CHEVRON-DOUBLE-RIGHT Engage with Speakers and Attendees Use the build-in chat feature to engage with your fellow speakers and attendees.

Exchange ideas and contact information to continue conversations during and after the event.

Learn more about our virtual platform Caret-right

MEDIA PARTNER

DISTINGUISHED FACULTY LIST Co-Chairs: Stuart M. Pape Shareholder Polsinelli PC Suzie Trigg Partner Haynes and Boone, LLP

Speakers: Melissa Card-Abela Senior Regulatory Counsel Whole Foods Market Heather Antoine Partner Stubbs, Alderton & Markiles, LLP Gina Bianchi Deputy General Counsel, General Secretary Danone North America Katie Bond Partner Lathrop GPM LLP Laura Braden Regulatory Counsel The Good Food Institute Jeffrey Brams GC, & VP R&D and Regulatory Garden of Life, LLC Jennifer Brown General Counsel Farmer Bros. Co. Andrea Bruce Assistant General Counsel, Regulatory & M&A The Hershey Company John W.M. Claud Assistant Director Consumer Protection Branch U.S. Department of Justice Richard L. Cleland Division of Advertising Practices Federal Trade Commission

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Timothy G. Dietrich Partner Barley Snyder

Mark Leonard General Counsel Jelly Belly Candy Company

Kathleen Dunnigan Senior Staff Attorney National Advertising Division

Lauren Medoff Senior Counsel 7-Eleven, Inc.

Daniel R. Dwyer Partner Kleinfeld, Kaplan and Becker, LLP

Karin F.R. Moore Director Hyman, Phelps & McNamara, P.C.

Jennifer Elmer Senior Legal Counsel – Americas Barilla America, Inc.

Amy Ralph Mudge Partner Baker & Hostetler LLP

Kelly Fair General Counsel Canopy Growth

Brandon W. Neuschafer Partner Bryan Cave Leighton Paisner LLP

Mark FeDuke, MSc Director Trade Compliance & Policy VLM Foods USA Ltd

Meredith Quinn Olearchik Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law Campbell Soup Company

Melanie Glover Corporate Legal Counsel Perrigo Company plc Miriam J. Guggenheim Partner Covington & Burling LLP Christopher Van Gundy Partner, Business Trial Practice Group Sheppard Mullin Amy Hancock General Counsel/EVP, Legal and Regulatory Affairs American Beverage Association Maile G. Hermida Partner Hogan Lovells LLP Cindy Kruger Chief Counsel – Food Safety & Regulatory PepsiCo Danielle B. Lemack Assistant General Counsel HP Hood LLC

AmericanConference.com/FoodLaw • 888 224 2480

Tony Pavel Senior Food Lawyer, Global Food Law Team Lead Cargill Evangelia C. Pelonis Partner Keller and Heckman LLP Justin J. Prochnow Shareholder Greenberg Traurig Robert S. Schuda Partner, Environment and Natural Resources Dentons US LLP (California/Los Angeles) Trent R. Taylor Partner McGuireWoods LLP Ryan C. Tisch Partner Crowell Moring Benjamin Witte Founder and CEO Recess

Part of C5 Group’s LEGAL GLOBAL SERIES

DAY ONE Caret-right Wednesday, May 12, 2021 (central daylight time) 8:15

10:15

Co-Chairs’ Opening Remarks

10:30

Microphone Stuart M. Pape, Shareholder, Polsinelli PC

Suzie Trigg, Partner, Haynes and Boone, LLP

8:30

LIVE POLLING Plant-Based “Meats” and “Milks”: Examining the Standards of Identity and FDA’s Anticipated Regulatory Platform Microphone Laura Braden, Regulatory Counsel, The Good Food Institute

Food for Thought in the Age of COVID-19: Legal and Regulatory Analysis of the Food Industry’s New Normal Microphone Andrea Bruce, Assistant General Counsel, Regulatory & M&A, The Hershey Company

Cindy Kruger, Chief Counsel – Food Safety & Regulatory, PepsiCo

Tony Pavel, Senior Food Lawyer, Global Food Law Team Lead, Cargill

In this session, leading in-house counsel will dissect and analyze major COVID-19 related implications and adaptive approaches to compliance in light of this evolving atmosphere.

• Anticipating changing FDA priorities for the food industry in light of the pandemic and New Administration • Developing an effective COVID response plan and strategy for implementation » Labeling flexibility in the context of COVID • Analyzing provisions being incorporated into contracts that address pandemic time operations » Facilities management » Contracts, suppliers, customers » Best practices for employee safety and vaccine protocol • Preparing for remote audits and inspections • Addressing claim substantiation challenges relative to COVID-19 • Developing protocols for responding to pre-suit notice letters

John W.M. Claud, Assistant Director, Consumer Protection Branch, U.S. Department of Justice

Lauren Medoff, Senior Counsel, 7-Eleven, Inc.

moderator: Suzie Trigg, Partner, Haynes and Boone, LLP

A New Administration yields new priorities for the Food Industry. This session will cover what impact the Biden Administration will have on the food industry including the impact of anticipated leadership changes at FDA, USDA, and Congress.

4 | #FoodLaw

twitter: @ACI_Food linkedin: ACI Food and Beverage Counsel

Melissa Card-Abela, Senior Regulatory Counsel, Whole Foods Market

Evangelia C. Pelonis, Partner, Keller and Heckman LLP

11:15

What Food Lawyers Need to Know About Growing Antitrust Actions Against the Industry Microphone Amy Hancock, General Counsel/EVP, Legal and Regulatory Affairs, American Beverage Association

The Politics and Policy of Food: What Can the Food Industry Expect Under a Biden Administration

• Exploring the latest developments on standards of identity for: » Plant-based “meat” products » Plant-based dairy alternatives • Examining the anticipated new FDA regulatory framework • Analyzing the various states’ approaches to plant-based “meats” and “milks” » Questions of preemption • Understanding the process for developing and labeling of protein-alternative foods • Analyzing the latest court decisions on meat and dairy products regarding labeling and usage requirements by plant-based food companies » Defining “plant-based” and understanding when it’s a marketing advantage

9:30

Microphone Jennifer Brown, General Counsel, Farmer Bros. Co.

Morning Break

Karin F.R. Moore, Director, Hyman, Phelps & McNamara, P.C.

Ryan C. Tisch, Partner, Crowell Moring

In recent years, the food industry has been the target of growing antitrust scrutiny from both federal and state government authorities and private plaintiffs. This investigatory trend has been amplified with the pandemic. This session will explore this anticompetitive scrutiny through the following points of discussion: • • • •

Examining price fixing allegations in the food industry pre and post-pandemic Exploring the impact of industry mergers resulting in alleged anticompetitive behaviors Anticipating increased antitrust scrutiny of the industry in the New Administration Analyzing recent anti-trust class-action claims: » Chick-fil-A, Inc. v. Agri Stats, Inc » Walmart v. Agri Stats, Inc

3:15

12:15

1:1 Networking Take advantage of 1:1 speed networking and direct video chats with fellow conference participants.

Your next legal team, business partner, or client could be right in one of our virtual networking rooms — it is up to you to find them!

12:30

3:45

FDA RULE ROUNDUP Microphone Miriam J. Guggenheim, Partner, Covington & Burling LLP

Lunch Break

Maile G. Hermida, Partner, Hogan Lovells LLP

New Era of Smarter Food Safety Blueprint

1:15

Food Litigation Year in Review: Class-Action Strategies and Trends Microphone Jennifer Elmer, Senior Legal Counsel – Americas, Barilla America, Inc.

Danielle B. Lemack, Assistant General Counsel, HP Hood LLC

Justin J. Prochnow, Shareholder, Greenberg Traurig

Moderator: Trent R. Taylor, Partner, McGuireWoods LLP

In this session, leading food industry litigators will discuss and analyze the recent trends in industry class-action lawsuits.

• Analyzing the trends and defense strategies in recent class-action lawsuits » Flavor labeling and characterizing flavor of a product • Exploring risk assessment related to litigation trends • Redefining reasonable consumer standards • Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel

• Analyzing the blueprint and understanding how this will affect the food industry » Identifying the differences between the latest and previous blueprint • Understanding the FDA’s current and anticipated priorities for food, e.g., smarter tools for prevention, outbreak response, importance of food safety culture, new business model, and modernized approach to retail and food safety, and identifying how these changes will affect marketing claims

Examining the Status of the Implementation of Bioengineered Foods Disclosure Requirement • Examining the developments with the implementation of the bioengineered food disclosure requirement » Determining if food companies experienced any practical obstacles to the implementation • Addressing challenges involving testing by the FDA, consumers, and competitors • Understanding any changes to FDA enforcement • Analyzing the developments with the gene-edited foods and anticipating why the industry’s push for gene-edited foods may not get the same reception as the GMO foods

FSMA State of the Union

2:15

CBD and Food: Understanding How the Federal and State Landscape Has Changed in the Last Year and What’s Next on the Horizon Microphone Kelly Fair, General Counsel, Canopy Growth

• • • • •

Afternoon Break

Jeffrey Brams, GC, & VP R&D and Regulatory, Garden of Life, LLC

Brandon W. Neuschafer, Partner, Bryan Cave Leighton Paisner LLP

Benjamin Witte, Founder and CEO, Recess Understanding the FDA’s current stance on the uses of CBD in food products Anticipating a new federal stance toward CBD in the New Administration Identifying what state-level regulation looks like Developing best practices for avoiding litigation Identifying the anticipated claims involving CBD products

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AmericanConference.com/FoodLaw • 888 224 2480

• Examining the FDA’s latest stage of FSMA implementation • Analyzing the impact of the new Executive Order limiting FDA’s guidance applicability • Exploring the impact of FSMA’s regulation prohibiting food processors and suppliers to contract away and shift food safety responsibility onto the other party

Allergen Controls, Disclosures and Risks • • • •

Addressing liability implications of voluntary allergen disclosures Assessing allergen controls and cGMP’s in manufacturing Identifying when an undisclosed allergen initiates a recall Understanding emerging allergen regulatory and liability developments

4:45

Closing Remarks and Conference Adjourns to Day 2

Part of C5 Group’s LEGAL GLOBAL SERIES

DAY TWO Caret-right Thursday, May 13, 2021 (central daylight time) 9:00

10:45

Co-Chairs’ Opening Remarks

11:15

Microphone Stuart M. Pape, Shareholder, Polsinelli PC

Suzie Trigg, Partner, Haynes and Boone, LLP

Morning Break

Ode to California: Understanding the Golden State’s Impact on Food Industry Microphone Heather Antoine, Partner, Stubbs, Alderton & Markiles, LLP

9:05

A Conversation with the FTC and NAD on Claims Substantiation and Social Media Microphone Richard L. Cleland, Division of Advertising Practices, Federal Trade Commission

Kathleen Dunnigan, Senior Staff Attorney, National Advertising Division

moderator: Stuart M. Pape, Shareholder, Polsinelli PC

Hear directly from the FTC and NAD on how they evaluate various food claims in the Social Network.

9:45

Examining the Rise of Influencers in Food Marketing

Mark Leonard, General Counsel, Jelly Belly Candy Company

Robert S. Schuda, Partner, Environment and Natural Resources, Dentons US LLP (California/Los Angeles)

• Analyzing the New California Privacy Act and anticipating its impact on the food industry » Assessing whether other states will follow suit » Comparing and contrasting the CCPA with GDPR: identifying similarities and differences • Examining the latest Prop 65 enforcement activity » Exploring plaintiffs’ attorneys’ successful arguments concerning glyphosate » Evaluating developments with synthetic colors and Perfluoroalkyl Substances (PFAS) » Understanding changes to short form warnings • Anticipating the re-introduction of California’s single use plastic law after its rejection last fall and taking steps to prepare for its adoption

Microphone Gina Bianchi, Deputy General Counsel, General Secretary, Danone North America

12:15

Katie Bond, Partner, Lathrop GPM LLP

1:1 Networking

Melanie Glover, Corporate Legal Counsel, Perrigo Company plc

Amy Ralph Mudge, Partner, Baker & Hostetler LLP

• Understanding the relationship between influencer claims, testimonials and consumer reviews relative to claims substantiation • Identifying what every food industry attorney should know about the FTC’s influencer guidance is affecting influencer use • Analyzing NAD’s and the FTC’s robust set of guideline and standards for how influencers and advertisers need to take responsibility in informing consumers that they are targeting • Exploring key elements that you should include in influencer contracts » Evaluating protections afforded by disclosures • Analyzing the use of new and emerging social media » TikTok, Instagram, Snapchat • Comprehending the extent to which consumer permission is needed to repurpose reviews » Grasping the implications of reviews on Amazon and other third-party websites • Addressing the challenges of complying with various platforms’ rules in addition to complying with legal requirements • Understanding the Supreme Court’s decision to address marketing done via text messaging • Developing best practices and obligation overview for companies to stay complaint as more consumers shop online

6 | #FoodLaw

twitter: @ACI_Food linkedin: ACI Food and Beverage Counsel

Take advantage of 1:1 speed networking and direct video chats with fellow conference participants.

Your next legal team, business partner, or client could be right in one of our virtual networking rooms — it is up to you to find them!

12:30

Lunch Break

1:15

LIVE POLLING Supply Chain Management: A Study in Sustainability, Traceability, Economic, and Environmental Impacts Microphone Timothy G. Dietrich, Partner, Barley Snyder

Christopher Van Gundy, Partner, Business Trial Practice Group, Sheppard Mullin

As interest of where food comes from and how it was made grows, it’s important for companies to ensure their practices comport with consumer-driven calls for environmental protection, sustainability, and r human rights.

• Developing best practices in supply chain management to ensure transparency and create trust to enhance brand protection • Vetting suppliers to ensure ethical sourcing and human rights compliance • Assuring consumers about reliability and moral rectitude of supply chains » Sustainable sourcing and production » Child labor/forced labor » Animal welfare » Packaging and plastic reuse Organic authenticity and fraud prevention • Understanding the impact of COVID-19 on food manufacturing • Identifying what ingredients suppliers need to focus on to make sure their customers are comfortable with various suppliers’ assurances and certifications 2:00

Afternoon Break

2:15

FOCUS ON RECALLS Examining Incidents that Give Rise to Reporting Obligation and Recalls Microphone Daniel R. Dwyer, Partner, Kleinfeld, Kaplan and Becker, LLP

Meredith Quinn Olearchik, Vice President and Associate General Counsel – Intellectual Property, Marketing and Food Law, Campbell Soup Company

• Identifying events which would prompt a food company to issue a recall » Determining whether the pandemic is affecting supplier ability to ensure quality standards and maintain control • Analyzing recent food born illness outbreaks and the FDA’s response • Developing best practices for recalls » Invoking crisis management protocols • Analyzing allergen labeling recalls and liability » Understanding industry outbreaks » What we have learned about prevention and response for these as well

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WHO ATTENDS

\ Food and Beverage Industry: y In-House Counsel, with responsibilities for corporate law, litigation, regulation, advertising, and promotion y Compliance and Government Affairs Officers and Executives y Safety and Quality Officers and Managers y Nutrition and Labeling Directors and Executives y Regulatory Affairs Officers and Executives \ Law Firm Attorneys for Food and Beverage Industry whose practices focus on: y FDA/Food law y Advertising and Promotion y Litigation

3:00

Blind Spot: Where International Trade, Business Practices and Regulatory Compliance Collide Microphone Mark FeDuke, MSc, Director Trade Compliance & Policy, VLM Foods USA Ltd From Brexit to the Safe Foods for Canadians Act as well as FSMA enforcement and proposed changes to U.S. organic food regulation. This closing session will detail why companies engaged in international trade need to rethink how their logistics and quality control departments address compliance and whether their business practices create rather than mitigate enterprise risks.

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3:45

Closing Remarks and Conference Ends Register Now

AmericanConference.com/FoodLaw • 888 224 2480

Part of C5 Group’s LEGAL GLOBAL SERIES

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