6th Advanced Summit on Food Law Regulation, Compliance, and Litigation - WEB

Live and In-Person

July 13–14, 2022 Millennium Knickerbocker Hotel, Chicago Chicago, IL

EARN CLE CREDITS

6th Advanced Summit on

Food Law REGULATION, COMPLIANCE, AND LITIGATION

Distinguished Co-Chairs

Tony Pavel Deputy General Counsel, Global Food Law Perfect Day

Featured Insights from the USDA

Sarah Sunday Assistant General Counsel, Food Law Nestlé USA Legal Department

Alexander Domesle Senior Advisor for Chemistry, Toxicology, and Related Sciences Office of Public Health Science, Food Safety and Inspection Service U.S. Department of Agriculture

Food Industry Stakeholder Insights from: ĉ American Beverage

Association ĉ BBB National Programs ĉ Canopy Growth Corporation Luncheon Sponsor

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ĉ ĉ ĉ ĉ

Cargill Good Food Institute JBS USA Foods Lindt, Ghirardelli, and Russell Stover Chocolates

Cocktail Reception Sponsor

ĉ ĉ ĉ ĉ

Mars, Incorporated Nestle USA Perfect Day Plant Based Foods Association Associate Sponsor

AmericanConference.com/FoodLaw • 888 224 2480

ĉ ĉ ĉ ĉ

The Kraft Heinz Company US Foods Inc. Whole Foods Market 7-Eleven

Sponsored By

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Join Us In-Person for the Food Industry’s Most Comprehensive Legal and Regulatory Conference ACI’s 6th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation is returning to Chicago this July!

ACI looks forward to welcoming you back in-person to the Windy City this summer for our renowned food law conference. As the pandemic turns into an endemic, you need to revise your playbook to tackle the food industry’s latest evolution along with all its new legal and regulatory challenges.

Attend this year’s program to prepare for the future by examining current controversies, benchmarking existing strategies, and analyzing critical areas for innovation.

Now more than ever, we need to capitalize on lessons learned during the pandemic about supply chains shortages, as well as be more conscious about environmental concerns, including green claims and ESG responsibilities. We also need to be in the know about the next chapter for plantbased products and how developments in that arena may rewrite the handbook on traditional food products.

In terms of public outreach, while the industry continues to embrace the use of social media and influencers to support and promote its products, it must also be cautious in view of FTC guidance and consumer protection concerns. Finally, as technology evolves, the food industry must also learn how to harness the power of the Metaverse and its many assets, including NFTs. For all these reasons and more, you need to attend this year’s event. Come and join us, to learn from and network with key legal, regulatory, and compliance stakeholders at our highly anticipated food law reunion of the year.

Session Highlights for 2022 will Focus on: CHEVRON-DOUBLE-RIGHT Food Supply Chain Disruptions as a Result of the COVID-19 Pandemic CHEVRON-DOUBLE-RIGHT Developments in Plant-Based “Meats” And “Milks” CHEVRON-DOUBLE-RIGHT The Impact of Influencers, Social Media, User Generated Content, and the Metaverse On Food Advertising CHEVRON-DOUBLE-RIGHT Best Practices for Substantiating Green Claims CHEVRON-DOUBLE-RIGHT Class-Actions Claims in 2022 CHEVRON-DOUBLE-RIGHT Status Check on CBD And Cannabis in Food Products

2 | #FoodLaw

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Faculty List DISTINGUISHED CO-CHAIRS: Tony Pavel Deputy General Counsel, Global Food Law Perfect Day (Washington, DC)

GOVERNMENT INSIGHTS: Sarah Sunday Assistant General Counsel, Food Law Nestlé USA Legal Department (Arlington, VA)

Alexander Domesle Senior Advisor for Chemistry, Toxicology, and Related Sciences Office of Public Health Science, Food Safety and Inspection Service U.S. Department of Agriculture (Washington, DC)

IN-HOUSE INSIGHTS: Katherine Armstrong Deputy Director, National Advertising Division BBB National Programs (Washington, DC) Leigh Barcham Senior Counsel, Product Regulatory & Government Affairs US Foods Inc. (Rosemont, IL) Kevin Boot General Counsel Whole Foods Market (Des Moines, IA) Susan Matthees Blum Senior Food Lawyer Cargill (Wayzata, MN) Madeline Cohen Regulatory Attorney Good Food Institute (Washington, DC) Lauren Eskenazi Program Manager, Children’s Food and Beverage Advertising Initiative (CFBAI) BBB National Programs

Kelly D. Fair US General Counsel Canopy Growth Corporation (San Francisco, CA) Christian Flinn Policy Associate Plant Based Foods Association (Washington, DC) Todd A Grauel Associate General Counsel The Kraft Heinz Company (Chicago, IL) Jessica Haefele Senior Legal Counsel Lindt, Ghirardelli, and Russell Stover Chocolates (Kansas City, MO) Amy Hancock General Counsel/EVP, Legal and Regulatory Affairs American Beverage Association (Washington, DC)

Laura Medoff Lead Counsel 7-Eleven, Inc. (Dallas, TX) Nicole Nice Assistant General Counsel – Food Law Mars, Incorporated (Denver, CO) Debra Policarpo Senior Attorney, Children’s Advertising Review Unit (CARU) BBB National Programs Kimberly Pryor General Counsel JBS USA Foods (Greeley, CO) Joseph C. Scala General Counsel Beech-Nut Nutrition Company Ryan Simon Senior Director, Safety & Regulatory Food & Nutrition Group

David G. Mallen Partner Loeb & Loeb LLP (New York, NY)

Steve L. Taylor, Ph.D. Professor, Department of Food Science & Technology Co-Director, Food Allergy Research & Resource Program University of Nebraska-Lincoln

Jennifer Adams Partner Amin Talati Wasserman (Chicago, IL)

Sascha Henry Partner Sheppard Mullin LLP (Los Angeles, CA)

Amy Ralph Mudge Partner Baker & Hostetler LLP (Washington, DC)

Megan K. Bannigan Partner Debevoise & Plimpton LLP (New York, NY)

Deepti A. Kulkarni Partner Sidley Austin LLP (Washington, DC)

Jessica P. O’Connell Partner Covington & Burling LLP (Washington, DC)

LAW FIRM INSIGHTS:

Steven Blonder Partner Much Shelist, P.C. (Chicago, IL) Richard M. Blau Partner Gray Robinson P.A (Tampa, FL) Daniel Dwyer Partner Kleinfeld Kaplan & Becker LLP (Washington, DC)

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Andrew B. Lustigman Partner Olshan Frome Wolosky LLP (New York, NY) Sheila A. Millar Partner Keller and Heckman LLP (Washington, DC) Karin F.R. Moore Director Hyman, Phelps & McNamara, P.C. (Washington, DC)

AmericanConference.com/FoodLaw • 888 224 2480

D. Michael Stroud Jr. Partner Nossaman LLP (Washington, DC) Trent Taylor Partner McGuireWoods LLP David Welch Co-Founder Synthesis Capital LLP (Frederick, MD)

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Day One JULY 13, 2022 7:30

Continental Breakfast and Registration

8:30

Co-Chair Opening Remarks microphone-alt Tony Pavel, Deputy General Counsel, Global Food Law, Perfect Day (Washington, DC)

Sarah Sunday, Assistant General Counsel, Food Law, Nestlé USA Legal Department (Arlington, VA) 8:45

Developing Strategies to Address the Legal, Economic, and Environmental Impacts of Pandemic Induced Food Supply Chain Disruptions microphone-alt Richard M. Blau, Partner, Gray Robinson P.A (Tampa, FL) Kevin Boot, General Counsel, Whole Foods Market (Des Moines, IA) The COVID-19 pandemic disrupted food supply chains in ways that companies could not have anticipated, including the inability to source certain ingredients. This disruption led to a whole set of legal challenges including breach of contractual obligations, as well as economic and environmental concerns. In this opening session, our panelists will detail what we’ve learned about the supply chain and disruption, and discuss best practices to address the contractual, economic, and environmental supply chain challenges in a post-pandemic world.

• Understanding how to maintain and optimize production in a timely manner as we transition from pandemic to endemic • Mitigating transport and co-packer challenges • Navigating risks associated with the inability to source ingredients and the use of substitution • Analyzing measures taken by the FDA regarding labeling flexibility for ingredients in view of shortages and sourcing inabilities • Addressing price increases to certain ingredients needed for a product • Analyzing packaging and chemical related challenges at the state level and how this may affect supply chain in the future » Preventing heavy metals from entering the supply chain • Developing strategies to address contractual obligations due to inability to source, produce and deliver • Understanding the toll on workforce and related liabilities • Appreciating the role of inspections in the supply chain

9:45

Food Litigation in 2022: Analyzing Class-Actions Claims and Other Litigation Activity Affecting the Food and Beverage Industry microphone-alt Steven Blonder, Partner, Much Shelist, P.C. (Chicago, IL) Sascha Henry, Partner, Sheppard Mullin LLP (Los Angeles, CA) Laura Medoff, Lead Counsel, 7-Eleven, Inc. (Dallas, TX) Trent Taylor, Partner, McGuireWoods LLP In this session, our panelists will discuss and analyze the recent trends in food industry lawsuits.

• Assessing novel legal challenges and litigation associated with new industry trends and regulatory developments, Evaluating anticipated legal risk » Survey of recent activity and analysis of uptick in class actions by plaintiff’s bar against the food industry • Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel • Exploring risk assessment related to new litigation trends • Analyzing recent class action claims against the food industry: » PFAS » Protein claims » Flavor claim » Pet food claims 11:00

Morning Networking Break

11:15

Formulating An In-Depth and Sound Approach to Substantiating Green Claims microphone-alt Jennifer Adams, Partner, Amin Talati Wasserman (Chicago, IL) Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs Leigh Barcham, Senior Counsel, Product Regulatory & Government Affairs, US Foods Inc. (Rosemont, IL) • Understanding what “eco-friendly” claims mean

» Predicting what FDA inspections will look like post-COVID

• Implementing and developing protocols to ensure that your green claims have adequate proofs

» Explaining the pros and cons of in-person and remote and record access

• Anticipating the FTC’s new standards for green marketing, aka “the Green Guides” • Presenting green and eco-friendly claims in a way that cannot be attacked by the plaintiffs’ bar • Reviewing and understanding green claim trends that are vulnerable to class-action activity » Recyclable packaging » Renewable energy

4 | #FoodLaw

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12:15

• Identifying how to replicate the organoleptic experience consumers want

What The Food Industry Needs to Know About ESG Criteria Proofs and Commitments

• Determining the type of testing necessary to obtain clearance to market your product in

microphone-alt Sheila A. Millar, Partner, Keller and Heckman LLP (Washington, DC)

Nicole Nice, Assistant General Counsel – Food Law, Mars, Incorporated (Denver, CO) • Defining, establishing, and substantiating ESG commitments for the food industry • Appreciating the importance of third-party certifications for ensuring ethical and sustainable practices for supply chain • Devising strategies for food manufacturers to implement measures and establish proofs for carbon footprint reduction offsets

» China, and other Asian markets

Understanding How the Latest Legal Developments Affecting Plant-Based “Meats” and “Milks” are Changing the Food Landscape microphone-alt Madeline Cohen, Regulatory Attorney, Good Food Institute (Washington, DC)

Susan Matthees Blum, Senior Food Lawyer, Cargill (Wayzata, MN)

» Animal welfare

Christian Flinn, Policy Associate, Plant Based Foods Association (Washington, DC) • Exploring the latest developments on standards of identity for: » Plant-based “meat” products

Networking Lunch Break

Luncheon Sponsored by:

» UK

3:00

» Sustainable farming

1:00

» EU

» Canada

• Identifying the types of scientific evidence used to support plant-based and cell-cultured claims in the food product space

• Examining the necessary proofs for regenerative agriculture and other sustainability measures

• Assessing legal obligations that may stem from ESG commitments Identifying potential liabilities that may arise from unsubstantiated or misleading ESG representations

» US

» Plant-based dairy alternatives • Examining the anticipated new FDA regulatory framework for plantbased food products • Understanding the laws and regulations around cell-cultured meat

2:00

Synthetic Biology 101: A Lawyer’s Guide to Understanding the Science Behind Plant-Based and Cell-Cultured Food Products

• Analyzing the various states’ approaches to plant-based “meats” and “milks” • Understanding the latest court decisions regarding labeling and usage requirements for the word’s “milk” and “meat” by plant-based food companies

microphone-alt Deepti A. Kulkarni, Partner, Sidley Austin LLP (Washington, DC)

• Defining “plant-based” and understanding when it’s a marketing advantage

Steve L. Taylor, Ph.D., Professor, Department of Food Science & Technology, Co-Director, Food Allergy Research & Resource Program, University of Nebraska-Lincoln

» Determining the types of claims can you make regarding plantbased products

» Identifying the naming conventions around naming plant-base products that don’t meet the FDA requirements

Ryan Simon, Senior Director, Safety & Regulatory, Food & Nutrition Group

4:00

David Welch, Co-Founder, Synthesis Capital LLP (Frederick, MD)

4:15

With the increased demand for plant-based meats, milks, and cell-cultured food products, it is essential for food company counsel to understand the science behind these types of food products. This knowledge is particularly useful in meeting FDA and USDA regulatory guidelines pertaining to food products and classifications, as well as avoiding FTC and NAD scrutiny relative to claims substantiation. Our workshop leaders will provide an in-depth analysis of the underlying science for these products and how it can be used for the compliant commercialization of plant-based foods. Points of discussion will include: • Examining the FDA and USDA’s framework around regulating cell cultured meat and plant-based products • Understanding the process for developing and labeling of proteinalternative foods • Exploring how these products are made and what they are made of » Considerations for allergens

Afternoon Refreshment Break

The Use of CBD and Cannabis in Food Products: Will There be A Path Forward? microphone-alt Kelly D. Fair, US General Counsel, Canopy Growth Corporation (San Francisco, CA)

Jessica P. O’Connell, Partner, Covington & Burling LLP (Washington, DC) D. Michael Stroud Jr., Partner, Nossaman LLP (Washington, DC) • Analyzing the latest state and federal legislation regarding CBD, cannabis, and food • Assessing the FDA’s current stance on the use of CBD in food products • Developing risk assessment strategies for using CBD and cannabis in food products

» Studying environmental impacts – including sustainable resources related to the manufacture of these products

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Day Two JULY 14, 2022

5:15

The Golden State of Food: What Food Lawyers in All 50 States Need to Know About New and Evolving California Laws and Regulations Impacting Food • Analyzing the New California FAST Recovery Act (Assembly Bill No. 257) and anticipating its impact on the food industry » Assessing whether other states will follow suit • Understanding how California’s new Senate Bill 1383 will affect how companies think about reducing its carbon footprint, and identifying the right actions to be compliant • Understanding how California’s new law and standards on recyclables will impact food packaging and labeling

7:30 8:30

Co-Chair Opening Remarks microphone-alt Tony Pavel, Deputy General Counsel, Global Food Law, Perfect Day (Washington, DC)

» Determining how companies can prepare before the law’s implementation in 2024

Sarah Sunday, Assistant General Counsel, Food Law, Nestlé USA Legal Department (Arlington, VA)

Focus on Prop 65 • Examining changes to short form warnings

Continental Breakfast and Registration

8:45

• Status of Prop 65 coffee litigation

USDA Interview

» Acrylamide

Invited:

6:00

Co-Chairs’ Closing Remarks End of Day One

microphone-alt Alexander Domesle, Senior Advisor for Chemistry, Toxicology,

6:15

and Related Sciences, Office of Public Health Science, Food Safety and Inspection Service, U.S. Department of Agriculture (Washington, DC)

Cocktail Reception Sponsored by:

Sarah Sunday, Assistant General Counsel, Food Law, Nestlé USA Legal Department (Arlington, VA) 9:15

Food Marketing in the Metaverse: A Food Lawyer’s Guide to A New Digital Reality, Including NFTs, and Gaming

WHO YOU WILL MEET

Microphone-alt Amy Ralph Mudge, Partner, Baker & Hostetler LLP

ĉ Food and Beverage Industry: » In-House Counsel, with responsibilities for corporate law, litigation, regulation, advertising, and promotion » Compliance and Government Affairs Officers and Executives

(Washington, DC)

» Safety and Quality Officers and Managers » Nutrition and Labeling Directors and Executives » Regulatory Affairs Officers and Executives

ĉ Law Firm Attorneys for Food and Beverage Industry whose practices focus on: » FDA/Food law

» Advertising and Promotion

» Litigation

• What food lawyers need to know about the Metaverse • Understanding the basics of NFTs and gaming, and how they are being used in food advertising • Understanding the legal implications regarding the use of NFTs » Exploring the risks of NFTs being offered in sweepstakes » Determining the IP rights involved 10:15

Morning Networking Break

10:30

Understanding the Role of Influencers in the Food Industry: Influencer Claims, Testimonials, and Consumer Reviews Microphone-alt Megan K. Bannigan, Partner, Debevoise & Plimpton LLP (New York, NY)

David G. Mallen, Partner, Loeb & Loeb LLP (New York, NY) • Identifying what food companies need to do in order to comply with the latest changes to FTC influencer guidance » Developing strategies to protect yourself when using influencers » Ensuring your influencers are doing proper disclosures

6 | #FoodLaw

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» Determining what responsibility both influencers and advertisers assume when share information with consumers » Exploring key elements that you should include in influencer contracts • Comprehending the extent to which a customer’s permission is needed to repurpose reviews • Understanding how food companies and advertisers use customer reviews in their advertising » Establishing protocols for food companies to safely adopt a customer review • Grasping the implications of reviews on Amazon and other third-party websites • Assigning the responsibility of the advertiser and the manufacturer for claims made in customer reviews

• Utilizing necessary disclosures when communicating with a child audience » Understanding that a parent is the focus of the food ad and related claims as opposed to a child • Ensuring endorsers meet the necessary requirements for advertising to children • Discussing potential penalties for misrepresenting a food product to a child 2:15 2:30

Exploring Continuing Antitrust Activity Impacting the Food and Beverage Industry microphone-alt Amy Hancock, General Counsel/EVP, Legal and Regulatory

11:30

Affairs, American Beverage Association (Washington, DC)

Rethinking the Role of Loyalty Programs: Considerations for Food Manufacturers

Karin F.R. Moore, Director, Hyman, Phelps & McNamara, P.C. (Washington, DC)

microphone-alt Andrew B. Lustigman, Partner, Olshan Frome Wolosky LLP

Kimberly Pryor, General Counsel, JBS USA Foods (Greeley, CO)

(New York, NY)

Jessica Haefele, Senior Legal Counsel, Lindt, Ghirardelli, and Russell Stover Chocolates (Kansas City, MO) • Examining traditional loyalty programs: what has been successful for food companies and what has not » Understanding how sweepstakes and contests have been used in conjunction with loyalty programs • Exploring how the COVID-19 pandemic has changed the way food companies think about loyalty programs and why many companies are choosing to restructure them • Identifying goals and new models for successful loyalty programs • What do food companies need to know about staying compliant with the California Consumer Privacy Act (CCPA) and other privacy laws when dealing with loyalty programs » Determining whether a consumer has rights under the CCPA 12:15

Afternoon Refreshment Break

• Understanding how the food industry has seen an influx of antitrust concerns in the last year • Examining price fixing allegations in the food industry in a postpandemic era • Exploring the impact of industry mergers resulting in alleged anticompetitive behaviors • Analyzing recent anti-trust class-action claims 3:30

Focus Session: A Guide to Properly Executing a Food Recall microphone-alt Daniel Dwyer, Partner, Kleinfeld Kaplan & Becker LLP (Washington, DC)

Networking Lunch Break

1:15

Addressing the Unique Challenges of Advertising Food to Children microphone-alt Todd A Grauel, Associate General Counsel, The Kraft Heinz Company (Chicago, IL)

Joseph C. Scala, General Counsel, Beech-Nut Nutrition Company • Identifying events which would prompt a food company to issue a recall • Developing best practices for recalls » What is the nature of the recall? » What corrective actions should be taken?

• Evaluating the risks and benefits of cooperating with FDA in the course of a recall

Debra Policarpo, Senior Attorney, Children’s Advertising Review Unit (CARU), BBB National Programs Lauren Eskenazi, Program Manager, Children’s Food and Beverage Advertising Initiative (CFBAI), BBB National Programs This workshop will provide an in-depth analysis of food marketing aimed at children, one of the food industry’s leading areas of concern.

Our workshop speakers will detail what every food industry lawyer needs to know about overcoming the challenges of labelling, marketing, and advertising products for children. Points of discussion will include: • Examining CARU’s revised Self-Regulatory Guidelines for Children’s Advertising and understanding its impact on food advertising aimed at children • Exploring recent activity by the BBB’s Children’s Food and Beverage Advertising Initiative (CFBAI) • Establishing internal protocols in compliant food advertising to children based on CARU and CFBAI guidelines • Designing compliant ads, social media campaigns, and related collateral for advertising food and related products to a child audience

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» FDA’s recall and oversight authority with respect to food » Voluntary recalls versus mandatory recalls » Market withdrawals and stock recoveries • What are the consequences of not instituting a recall?

• Invoking crisis management protocols • Determining whether the pandemic has affected supplier ability to ensure quality control standards leading to more recalls • Examining allergen labeling recalls and liability • Analyzing recent food born illness outbreaks and the FDA’s response 4:15

Co-Chair Closing Remarks End of Conference

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