PRE-CONFERENCE WORKSHOPS* April 17, 2023

*Due to the hands-on nature of the workshops, they are available for in-person attendees only.

Workshop A Workshop B

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

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

12:30 pm–1:30 pm

Networking Luncheon for Attendees of Both Workshops A and B

Continuing Legal Education Credits

1:30 pm–5:00 pm (Registration to begin at 1:00 pm)

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

In November 2022, the FDA gave the first go-ahead for the revolutionary advancement in animal cell culture technology for human food. This ground-breaking step will allow progress to continue pre-market testing on cellular food, which could change the food landscape in a dramatic way. This advancement, and the advancement of similar projects is just the beginning in a new food paradigm, thus making it essential for food industry lawyers to have an understanding of the science behind these products so that they may better serve their clients.

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

• Understand the FDA’s framework around regulating cell cultured meat and plant-based analog

» Appreciate how to replicate the organoleptic experience consumers want

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

» US

» Canada

» EU

» UK

» China, and other Asian markets

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/

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

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

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.

9:15

FDA Keynote, TBA

9:45

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

• 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

MEDIA PARTNERS:

10:45 Morning Coffee Break

11:00

The Cell Cultivated Meat Game-Changer: Analyzing the Legal and Regulatory Implications for Lab Grown Meats

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.

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

• Examining innovations in cellular meats

• Analyzing the laws and regulations around cell-cultured meat

• Assessing the process for developing and labeling of protein-alternative foods

• Exploring the developments in precision fermentation to develop ingredients

12:00 Networking Luncheon

1:15

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

• 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

2:30

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

• 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

• 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

4:30

New Era of Food Packaging: Major Developments in Food Packaging and What is Still to Come in 2023 and Beyond

• 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

Venue: The Metropolitan Club

Address: 233 S. Wacker Drive Chicago, Illinois 60606