DAY TWO April 19, 2023

7:30 Continental Breakfast and Registration

8:45

Co-Chairs’ Opening Remarks

9:00

Fireside Chat with USDA

Topics of discussion to include:

• Current thinking on Salmonella in poultry – developing an enhanced regulatory framework

• Summary of outbreaks and consumer practices

• Data for Salmonella on poultry received at slaughter

• Consideration of enhance control for Salmonella levels and/or more virulent strains

• Labeling claims

• Environmental chemical contaminants (update on PFAS)

• Cell-based proteins

9:45 Morning Coffee Break

10:00

Analyzing FDA’s New Food Labeling Guidances

• 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» Draft Guidance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

11:00

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

• 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

12:00 Networking Luncheon

1:00

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

• 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) 2:15

2:30

Anatomy of a Food Recall

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

3:30