7th Advanced Summit on Food Law Regulation, Compliance, and Litigation - WEB

2023 Co-Chairs:

Conference Highlights for 2023:

ą Keynotes USDA

ą Analyses of the FDA’s proposed rule on “Healthy,” as well as recent guidances on plant-based milk, traceability, and allergens

ą Focus sessions on cell-cultivated meats and major technological advancements in the food industry

ą An ESG think tank

ą Litigation, Class-Actions, and Prop 65 Report as well as an update on major Prop 12 rulings and other areas vital to the food industry

In-House Insights:

y Garden of Life LLC

y Mars, Incorporated

y NAD - BBB National Programs

y Nestle USA

y PepsiCo, Inc.

y Perfect Day

SUPPORTING SPONSOR:

y Plant Based Food Association

y Sargento Foods Inc.

y Sunsweet Growers Inc.

y US Foods Inc.

y Whole Foods Inc

Pre-Conference Workshop: April 17

Claims Substantiation Working Group on New Trend in Food Advertising and Promotion

Nicole Nice Assistant General CounselFood Law MARS Inc.

Tony Pavel Deputy General Counsel, Global Food Law

Join Us In-Person for the Food Industry’s Most Comprehensive Legal and Regulatory Conference

Attend ACI’s 7th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation and obtain the tools and techniques you need to meet the legal and regulatory challenges which the food industry is now facing as well as anticipating.

We have designed this 2023 program to help you prepare for the future by examining current controversies, benchmarking existing strategies, and analyzing critical areas for innovation.

Now more than ever before, the industry needs to be extremely conscious of its next chapter— which not only included plant-based foods, but now cell-cultured animal products as well.

This last year has brought many changes in the food industry as a whole; from a new FDA of “healthy,” to a pathway for brand-new game-changing products in cell-cultured meats, and several significant guidance documents. ESG obligations continue to be of prominence, as do finding solutions for ongoing supply chain disruption, and the use of new media including the Metaverse in advertising.

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 2023 will focus on:

» The FDA’s proposed rule on “Healthy,” as well as recent guidances on plant-based milk, traceability, and allergens

» Cell-cultivated meats and major advancements in technology in the food industry

» ESG in the food industry

» Class-Action and Prop 65 activity as well as new Prop 12 concerns

» The evolution of food advertising

» Best practices for recalls

REGISTER TODAY

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

» 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

Who You Will Meet

DISTINGUISHED FACULTY

Co-Chairs:

Nicole Nice Assistant General Counsel - Food Law MARS Inc. (Denver, CO)

In-House Insights:

Leigh Barcham Senior Counsel, Product Regulatory & Government Affairs US Foods Inc. (Washington, DC)

Jeff Brams Chief Innovation & Legal Officer Garden of Life LLC (Jupiter, FL)

Christian Flinn Policy Associate Plant Based Food Association (Los Angeles, CA)

Cindy Kruger Legal Senior DirectorFood Safety & Regulatory PepsiCo Inc. (Woodbridge, CT)

Law Firm Insights:

Jennifer Adams Partner

Amin Talati Wasserman LLP

Alex Beroukhim Partner Arnold & Porter (Los Angeles, CA)

Steve Blonder Principal Much Shelist, P.C. (Chicago, IL)

Katie Bond Partner Keller and Heckman LLP (Washington, DC)

Thomas Evans Partner Alston & Bird

Stefanie Fogel Partner DLA Piper (Boston, MA)

Maile Gradison Partner Hogan Lovells LLP (Washington, DC)

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

Tony Pavel Deputy General Counsel, Global Food Law Perfect Day (Berkley, CA)

Government Insights:

Janell R. Kause Senior Advisor for Risk Assessment U.S. Department of Agriculture (Washington, DC)

Mark Leonard General Counsel Sunsweet Growers Inc. (Sarcramento, CA)

Billy Ng

Sr. Manager, Global Regulatory Affairs Blue Diamond Growers (Sacramento, CA)

Daniel Range NAD Attorney BBB National Programs

Mary Spurney Sr. Associate General Counsel Sargento Foods Inc. (Plymouth, WI)

Sarah Sunday Assistant General Counsel, Head of Food Law Group Nestle USA (Arlington, VA)

Bob Hibbert Senior Counsel Wiley Rein LLP (Washington, DC)

Kristen Klesh Partner Loeb & Loeb LLP

Thomas S. Lee Partner

Bryan Cave Leighton Paisner LLP Andrew Lustigman Partner Olshan, Frome, Wolosky LLP (New York, NY)

Emily Marden Senior Counsel - Food, Drug, and Medical Device Sidley Austin LLP (Palo Alto, CA)

Sharon Mayl Partner DLA Piper (Washington, DC)

Katia Merten-Lentz Partner Food Law Science & Partners (Brussels, BE)

Steve L. Taylor, Ph.D.

Professor, Department of Food Science & Technology Co-Director, Food Allergy Research & Resource Program University of Nebraska-Lincoln

René Viñas, PhD, DABT Regulatory Toxicologist | Food & Beverage | Consumer Product Safety UPSIDE Foods, Inc. (Atlanta, GA)

Dr. Keith Vorst Director of the Polymer and Food Protection Consortium Iowa State University (Ames, IA)

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

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

Stuart Pape Senior Partner/Chair, FDA Practice Polsinelli PC (Washington, DC)

Jason Stiehl Partner Crowell & Moring LLP

R. Trent Taylor Partner McGuireWoods LLP

Suzie Trigg Partner, Co-Chair - Food, Beverage and Restaurant Practice Group Haynes & Boone LLP (Austin, TX)

Nury Yoo Partner

Faegre Drinker Biddle & Reath LLP

PRE-CONFERENCE WORKSHOP*

April 17, 2023

*Due to the hands-on nature of the workshop, it is available for in-person attendees only.

9:00 am–12:30 pm (Registration to begin at 8:30 am)

Claims Substantiation Working Group on New Trend in Food Advertising and Promotion

microphone-alt Alex Beroukhim, Partner, Arnold & Porter

Daniel Range, NAD Attorney, BBB National Programs

Jason Stiehl, Partner, Crowell & Moring LLP

The continued explosion of social media, online marketplaces, and digital advertising has changed the landscape for food advertising. While these new platforms increase consumers’ interaction with food products, it also presents new and unique challenges for manufacturers and retailers relative to the claims made in their ads across these various platforms and media.

In this session, panelists will help you understand what claims you can and cannot make in this new and continually evolving world of advertising and new media.

• Explore best strategies to avoid misleading advertising

• Understand the relationship between FDA, USDA, and FTC in the food arena

• Analyze FTC advertising guidelines (deception, substantiation, environmental, endorsements/ testimonials, Made in USA)

• Develop best practices for making health-related claims (e.g., natural, healthy, organic, non-GMO)

• Evaluate claims relative to high-profile ingredients (e.g., vitamins, milk, proteins, fruits, and vegetables) as opposed to/in addition to predominant ingredients

• Discuss potential penalties for misrepresenting a food product to a child

• Explore enforcement activity for unsubstantiated claims, including recent warning letters

• Examining the recent claim challenges for food products

» NAD challenges

» Class actions

Continuing Legal Education Credits

EARN CLE CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/

7:30 Continental Breakfast and Registration Opens

8:45

Co-Chairs’ Opening Remarks

microphone-alt Nicole Nice, Assistant General Counsel - Food Law, MARS Inc.

Tony Pavel, Deputy General Counsel, Global Food Law, Perfect Day

9:00

The Year in Review: Examining Critical Developments in Food Law and Regulation in the Last 12 Months and Anticipating What’s Next on the Horizon

microphone-alt Nicole Nice, Assistant General Counsel - Food Law, MARS Inc.

Tony Pavel, Deputy General Counsel, Global Food Law, Perfect Day

This past year has seen a great deal of action in the food industry, including more record-breaking numbers of class action lawsuits, increased regulatory action and guidance, and ground-breaking innovation. We will take a high-level overview of the past year as a preview of the distinguished panels and topics to be covered in this conference.

9:30

“Healthy,” What Does it Mean? Analyzing the FDA’s New Proposed Rule on Healthy and Understanding Its Potential Impact on the Food Industry

microphone-alt Jessica O’Connell, Partner, Covington & Burling LLP

Sarah Sunday, Assistant General Counsel/Head of Food Law Group, NESTLE

• Comparing the current definition of healthy to the definition under the proposed new Rule

• Understanding how the definition of healthy under the proposed new Rule would affect the market by potentially expanding the healthy food category by adding foods such as fish and nuts

» What are the industry implications for removing formerly “healthy” foods from the definition as per the proposed new rule

• Examining the significance of proposed logo for foods that qualify as “healthy” under the new proposed Rule’s definition

• Assessing industry concerns with the proposed new Rule, and the changes made/not made after the comment period

10:30 Morning Coffee Break

11:00

FDA Regulation and New Frontiers in Food Ingredients: Cell Cultivated Meat, Alternative Proteins, Precision Fermentation

microphone-alt Bob Hibbert, Senior Counsel, Wiley Rein LLP

Emily Marden, Senior Counsel - Food, Drug, and Medical Device, Sidley Austin LLP

René Viñas, PhD, DABT, Regulatory Toxicologist | Food & Beverage | Consumer Product Safety, UPSIDE Foods, Inc.

This past fall, the FDA gave the first go ahead for a company to move forward on animal cellular technology for human food. This significant step opens the door for a new era of food, and a starting point for a brand new food product sector. This panel will cover this breaking development and several others.

• Understand the industry significance of FDA’s First (2022) Pre-Market Consultation for Human Food Made Using Animal Cell Culture Technology

• Take stock of recent developments regarding the GRAS Pathway and Premarket Consultations for Novel Food Ingredients

• Understand the industry significance of GRAS Notifications for alternative proteins and use of precision fermentation

• Developments in the dietary supplement sector: recent developments for New Dietary Ingredients

1:15

Got Milk?: What The Food Industry Needs to Know About The FDA’s Proposed Guidance on Plant-Based Milks

microphone-alt Christian Flinn, Policy Associate, Plant Based Foods Association

Stefanie Fogel, Partner, DLA Piper

Katia Merten-Lentz, Founder/Partner, Food Law & Science Partners

Billy Ng, Sr. Manager, Global Regulatory Affairs, Blue Diamond Growers

Stuart Pape, Senior Partner/ Chair, FDA Practice, Polsinelli PC

• Analyzing the new FDA proposed guidance on plant-based milks and how it will impact the market

• Comparing this new proposed US guidance with already established standards in Europe

• Examining the differences between the proposed guidance and the decision in Painter v. Blue Diamond Growers

2:15 Afternoon Refreshment

Being Environmentally and Socially Responsible: A Study in Evolving ESG Obligations for the Food Industry

microphone-alt Steven Blonder, Partner, Much Shelist, P.C.

Katie Bond, Partner, Keller and Heckman LLP

Jeff Brams, Chief Innovation & Legal Officer, Garden of Life LLC

Mark Leonard, General Counsel, Sunsweet Growers Inc.

• Examining how ESG commitments are continuing to evolve and how they are impacting the food industry

• Debating how well-intentioned environmental regulations can negatively impact food production, deforestation, and coastal region shorelines

• Analyzing best practices for packaging and labeling relative to recyclability and composability

• Exploring carbon credits and sustainability

• Assessing how ESG requirements impact importing and exporting

• Developing strategies to ensure ethical sourcing and enforcement

• Examining WROs (withhold release order) and ways to avoid doing business with entities that engage in forced labor supply chains

• Understanding the inclusion of animal care regulations in the greater social obligation scheme (Prop 12, foie gras (NY)

• Discussing SEC obligations with respect to audits and governance

3:30

Tracing Your Steps: What Every Food Lawyer Needs to Know About the FDA Final Rule on Traceability

microphone-alt Leigh Barcham, Senior Counsel - Product Regulatory & Government Affairs, US Foods Inc.

Cindy Kruger, Legal Senior Director - Food Safety & Regulatory, PepsiCo Inc.

Sharon Mayl, Partner, DLA Piper

Suzie Trigg, Partner, Haynes & Boone

• Understanding what is required of the new Traceability Rule

• Examining the final Traceability list

• Identifying Key Data Elements (KDEs) and Critical Tracking Events (CTEs) in the supply chain

• Exploring the additional record keeping requirements

• Determining who in the supply chain the new rule applies to

• Developing best practices for a good food safety plan

MEDIA PARTNERS:

4:30

New Era of Food Packaging: Major Developments in Food Packaging and

What is Still to Come in 2023 and Beyond

microphone-alt Dr. Keith Vorst, Director of the Polymer and Food Protection Consortium, Iowa State University

Thomas S. Lee, Partner, Bryan Cave Leighton Paisner LLP

Nicole Nice, Assistant General Counsel, Food Law, MARS

• Examining how supply chain challenges are impacting packaging and creating new risk areas

• Evaluating recent challenges to the use of Bisphenol A in food packaging as shown in recent FDA petitions

• Identifying the status of PFAs labeling requirements in packaging on the federal and state level

• Analyzing best practices for packaging relative to recyclability and composability

• Understanding anticipated shifts in packaging on the horizon, including:

» Potential increased use of antimicrobial packaging

» pH-reliant intelligent packaging

» Secondary packaging

» Paper-based packaging

5:30

Co-Chairs’ Closing Remarks End of Day One

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DAY TWO April 19, 2023

7:30 Continental Breakfast and Registration

8:30

Co-Chairs’ Opening Remarks

microphone-alt Nicole Nice, Assistant General Counsel - Food Law, MARS Inc.

Tony Pavel, Deputy General Counsel, Global Food Law, Perfect Day

8:45

USDA Keynote

microphone-alt Janell R. Kause, Senior Advisor for Risk Assessment, FSIS (USDA)

During this informative Fireside chat, Janell Kause will discuss her role at FSIS, and the Agency’s regulatory approach to Salmonella in poultry (its ”Salmonella initiative”), the regulatory process and administrative/legal requirements for the evidential basis, and evolution of FSIS’ Salmonella testing.

Topics to include:

• Salmonella initiative for poultry

• Evidence-based decisions and regulatory requirements for science

• FSIS verification testing

9:15 Morning Coffee Break

9:30

It’s What’s on the Outside That Counts: Food Allergen Labeling and Other Major Developments in Labeling

microphone-alt Kristen Klesh, Partner, Loeb & Loeb LLP

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

R. Trent Taylor, Partner, McGuireWoods LLP

• Analyzing the FDA’s two new guidance documents on Allergen Labeling requirements – what are the differences:

» Questions and Answers Regarding Food Allergens, Including the Food Allergen Labeling Requirements of the Federal Food, Drug, and Cosmetic Act (Edition 5): Guidance for Industry

» Draft Guidance

» Final Guidance

• Understanding the implications of the guidances for industry

» What can we glean from the comments?

• Understanding how the inclusion and naming of new ingredients affects labeling and market entry

• Assessing the current environment and regulatory requirements of food labeling online

10:30

Evolution of Food Advertising and Marketing: From Print Ads to Social Media to the Metaverse

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

Amy Mudge, Partner, Baker & Hostetler LLP

Mary Spurney, General Counsel, Sargento Foods Inc.

• Examining claims substantiation challenges for the food industry from green claims, to eco-friendly, to natural

• Analyzing the shift in food industry advertising from commercial ads and print ads to social media, including platforms such as TikTok, Instagram, and Snapchat

• Addressing the challenges of complying with various platforms’ rules in addition to complying with legal requirements

• Assessing the role of food influencers and social media in brand marketing

• Exploring the role of “cancel culture” and bad PR

• Understanding the responsibility of the manufacturer for claims made in customer reviews

• When and how to disclose whether reviewers are compensated?

• Evaluating the role of subscription programs and differences in subscription marketing in state laws

• Assessing recent FTC enforcement actions

• Navigating the advantages and complexities to food advertising in the Metaverse

11:30 Networking Luncheon

12:30

Class-Action and Prop 65 Litigation Status Report for The Food Industry

microphone-alt Jennifer Adams, Partner, Amin Talati Wasserman LLP

Thomas Evans, Partner, Alston & Bird

Sascha Henry, Partner, Sheppard Mullin Richter & Hampton LLP

• Class Actions Survey of recent activity and analysis of uptick in class actions by plaintiff’s bar against the food industry

• Assessing the recent trend of plaintiffs’ attorneys filing claims centered around nuanced procedure

• Developing strong defenses that can withstand legal challenges by plaintiffs’ counsel

Prop 65

• Understanding new developments in Prop 65 Online Warning regulations

• Exploring how to ensure products comply with Prop 65 requirements throughout the supply chain

• Identifying challenges small businesses encounter in complying with Prop 65

• Analyzing the implications of the recent Prop 12 action heard before the Supreme Court (National Pork Producers Council v. Karen Ross)

1:45 Afternoon Networking Break

2:00

Anatomy of a Food Recall

microphone-alt Maile Gradison, Partner, Hogan Lovells LLP

Cindy Kruger, Legal Senior Director - Food Safety & Regulatory, PepsiCo Inc.

Nury Yoo, Partner, Faegre Drinker Biddle & Reath LLP

Food recalls are some of the most feared occurrences in the food industry, and for good reason. Recalls have both legal, and public relations implications, and in order to minimize exposure both need to be handle promptly and properly. In this session, we will analyze the anatomy of a food recall, and assess some best practices to prepare/handle such occurrences.

• Assessing best practices in a crisis

• Understanding legal risks, and public relations risks as a result of recalls

• Developing preventative strategies to minimize recall possibilities

• Identifying current recall trends

• Determining who/how to notify when it comes to relevant authorities

3:00

Co-Chairs’ Closing Remarks

End of Conference

Building VENUE INFORMATION

The Metropolitan Club

233 S. Wacker Drive Chicago, Illinois 60606

Hyatt Place Chicago/Downtown – The Loop

28 North Franklin Street, Chicago, Illinois, United States, 60606

Reservations: 1 312 955 0950

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Please note that the guest room block cut-off date is March 27th, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

June 28–29, 2023 | New York, NY

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