ACI's 8th Advanced Summit on Food Law Regulation, Compliance, and Litigation - DS

ACI’s 8th Advanced Summit on Food Law

REGULATION, COMPLIANCE, AND LITIGATION

April 30–May 1, 2024

The Metropolitan Club • Chicago, IL

In-House Insights from:

» Sunsweet Growers, Inc.

» Mars, Incorporated

» PepsiCo, Inc.

» Newman’s Own, Inc.

» Consumer Brand Association

» BlueTriton Brands

» Good Food Institute

» Whole Foods Market, Inc.

» Conagra

» Kellanova

Distinguished Co-Chairs: Sarah L. Brew Partner

Faegre Drinker Biddle & Reath LLP

Cindy Kruger

Chief Counsel –

Food Safety & Regulatory

PepsiCo Inc.

Tony Pavel Partner

Keller & Heckman LLP

Session Highlights for 2024

y A Comprehensive Guide to Navigating Food Ingredient Safety

y Spotlight on Cell-Cultivated Proteins: Harnessing Innovation While Mitigating Compliance Risks

y Food Advertising Compliance Essentials: Mastering Green Claims, Endorsements & Consumer Reviews

y Dissecting Your Label: Navigating Critical New Developments Impacting Food Labeling

y Building a Roadmap for Compliance with the FDA’s New Final Food Traceability Rule

y Fighting Food Fraud: Minimizing Adulteration in the Food Supply Chain

y Exploring Global Food Law Developments and Cross-Border Market Entry Considerations

Plus! Take advantage of our NEW Pre-Conference Workshops on April 29:

WORKSHOP A Recall Management Working Group

WORKSHOP B Strategy Session on Minimizing PFAS Compliance and Litigation Risks

Associate Sponsors

Food Law

REGULATION, COMPLIANCE, AND LITIGATION

is returning to Chicago on April 30–May 1, 2024.

Food ingredient safety is a rising concern of the FDA and companies must take stock of new industry compliance standards.

Since we last met, the FDA has released new guidance on food ingredient safety that inevitably impacts the global supply chain and interstate commerce. As such, it is crucial for manufacturers to not only stay apprised of new industry compliance standards that impact their product’s ingredients, but to also formulate a blueprint for minimizing compliance risks in order to avoid penalties. Join our faculty as they dive into the latest food ingredient safety compliance essentials.

The future is finally here for cell-cultivated proteins, and companies must learn how to thrive in this competitive space while ensuring compliance.

The production of cell-cultured meat and alternative proteins is increasingly growing as new ingredients and technologies are being developed and utilized. As regulatory developments are finally beginning to catch up with new technological advancements, companies must ensure that they embrace the latest innovation to stay competitive in this space, while also mitigating the latest regulatory risks.

Food and beverage labeling requirements are evolving and closely assessing your product label is critical.

The FDA released new front of pack (FOP) guidelines as well as new proposed criteria for making “healthy” nutrient content claims on food labels. Industry is now also facing a rise in global FOP labeling requirements which must be carefully considered by companies currently operating in, or looking to expand into, certain international markets. Attend this year’s forum to ensure you are up-to-date with the latest labeling requirements to ensure your product’s success in the U.S. and across borders.

Updated FTC guidance will impact the future of food product advertising and marketing.

WHO WILL YOU MEET?

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:

y Attorneys with practice areas in:

» FDA/Food Law

» Advertising and Promotion

» Litigation

The FTC has released its finalized new Endorsement Guides as well as a proposed Rule on the Use of Consumer Reviews and Testimonials. It is critical that food companies adhere to these latest regulatory guidance when making claims about their products in advertising. Join us to ensure your marketing practices comply with these new guidelines.

Register today for the most comprehensive food law, regulatory, compliance, and litigation event of the year. Join us to meet and reconnect with industry leaders and acquire invaluable insights to surmount the latest challenges facing the food industry.

DISTINGUISHED FACULTY

CO-CHAIRS:

Sarah L. Brew Partner

Faegre Drinker Biddle & Reath LLP

Cindy Kruger Chief Counsel –Food Safety & Regulatory PepsiCo Inc.

Tony Pavel Partner Keller & Heckman LLP

ESTEEMED SPEAKERS:

Joseph Aquilina Vice President & Deputy General Counsel Consumer Brand Association

Mackenzie Battle Regulatory Attorney Good Food Institute

Joseph Baumert, Ph.D. Director – Food Allergy Research & Resources Program University of Nebraska-Lincoln

Steven P. Blonder Principal Much Shelist, P.C.

Laura Brett Vice President, National Advertising Division (NAD) BBB National Programs

Melissa Card-Abela Senior Regulatory Counsel Whole Foods Market Inc.

Ricardo Carvajal Director

Hyman Phelps & McNamara, PC

Timothy Dietrich Partner

Barley Snyder LLP

Benjamin L. England CEO and Founder FDAImports.com, LLC

Elizabeth B. Fawell Partner

Hogan Lovells LLP

Guillermo Govela Counsel – Head of Life Sciences & Healthcare Practice

Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Pamela Grinter Partner

Fox Rosthchild LLP

Bob Hibbert Senior Counsel

Wiley Rein LLP

Aliza R. Karetnick Partner

Morgan, Lewis & Bockius LLP

Hih Song Kim Executive Vice President, Chief Legal Officer & Corporate Secretary

BlueTriton Brands

Mark Leonard General Counsel

Sunsweet Growers, Inc.

John Luedke

Global General Counsel, Food Law

MARS, Inc.

Andrew Lustigman Partner

Olshan, Frome, Wolosky LLP

Katia Marten-Lentz Partner

Food Law Science & Partners

Sharon Mayl Partner

DLA Piper LLP

Cynthia L. Meyer Partner

Kleinfeld, Kaplan, and Becker LLP

Jennifer J. Millones Chief Legal Officer Newman’s Own, Inc.

Thomas Monroe Vice President, Chief Counsel –Litigation & Crisis Management

Kellanova

Brandon Neuschafer Partner

Arnold & Porter LLP

Dean N. Panos Partner

Jenner & Block LLP

Stuart M. Pape Shareholder Polsinelli, P.C.

Jeffrey Parker Partner

Sheppard Mullin Richter & Hampton LLP

Lewis Retik Partner

Gowling WLG

Angela M. Spivey Partner

Alston & Bird LLP

Smitha G. Stansbury Partner

King & Spalding LLP

Steve Toeniskoetter

Associate General Counsel, Regulatory

Niagara Bottling

Suzie Trigg Partner

Haynes & Boone LLP

Hank Turner Vice President & Chief Counsel –Litigation

Conagra

Ronald Urbach Partner/ Co-Chair, Advertising + Marketing Davis+Gilbert LLP

Serena Viswanathan

Associate Director, Division of Advertising Practices, Bureau of Consumer Protection Federal Trade Commission

Jasmine Wetherell Partner

Perkin Coie LLP

Pre-Conference Workshops •

Monday April 29, 2024

9:30am–12:30pm (Registration starts at 8:30am)

WORKSHOP A Recall Management Working Group: Building A Comprehensive Roadmap for Effectively Navigating a Food Product Recall and Managing the Fallout

Microphone-alt Dean N. Panos, Partner, Jenner & Block LLP

Cynthia L. Meyer, Partner, Kleinfeld, Kaplan, and Becker LLP

Thomas Monroe, Vice President, Chief Counsel – Litigation & Crisis Management, Kellanova

In this interactive workshop, our panelists will walk you through the execution of a food product recall from start to finish. Workshop attendees will be guided through three different product recall scenarios and provided with best practices to help you establish a blueprint for efficiently and quickly executing a recall and addressing any public relations crisis which may ensue. Topics to be covered include:

• Understanding the legal and public relations risks of a food product recall

• Exploring preventive strategies to minimize the possibility of a recall

• Devising a blueprint for how to effectively remove products from the marketplace once a defect is discovered – making the decisions of when and how to recall your product

• Identifying and rectifying compliance mishaps that led to the recall

• Determining who to notify when it comes to relevant authorities and how to go about notifying them

• Maintaining proper documentation during a recall in anticipation of litigation that may follow

• Developing crisis management strategies to address recall fallout and win back consumer confidence

» Voluntary recalls vs mandatory recalls

» Market withdrawals and stock recoveries

• Reviewing previously recalled products to learn how to avoid similar situations going forward 12:30pm–1:30pm

Light Lunch and Networking Break

CONTINUING LEGAL EDUCATION 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 New York State Continuing Legal Education Board.

1:30pm–4:30pm (Registration starts at 12:30pm)

WORKSHOP B Strategy Session on Minimizing PFAS Risks: Navigating the Growing Patchwork of State PFAS Laws and Preventing Your Company from Becoming a Class Action Target

Microphone-alt Jeffrey Parker, Partner, Sheppard Mullin Richter & Hampton LLP

Aliza R. Karetnick, Partner, Morgan, Lewis & Bockius LLP

• Examining the rapidly evolving state-by-state regulatory framework governing the manufacturing, production and distribution of food products containing packaging with PFAS

• Understanding how to recognize and account for differences among various state prohibitions and update sourcing protocols to maintain compliance

• Adapting to changing consumer demands for PFAS-free products and satisfying customer demands for assurances of compliance

• Understanding PFAS testing challenges and how companies can better navigate this complex arena

• Assessing how testing/sourcing of packaging and regulatory approval can yield additional defense strategies for PFAS lawsuits

• Examining theories that plaintiffs are relying on in PFAS packaging claims — what defense strategies are proving to withstand the latest plaintiff challenges?

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

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/

MAIN CONFERENCE DAY ONE

7:45am Continental Networking Breakfast and Registration

8:45am

Co-Chairs’ Welcome Remarks and Year in Review

A Look at the Year’s Most Critical Legal and Regulatory Developments Impacting the Food Industry

Microphone-alt

Sarah L. Brew, Partner, Faegre Drinker Biddle & Reath LLP

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

Tony Pavel, Partner, Keller & Heckman LLP

In the year since we last met, there have been significant new developments influencing the food industry’s legal, regulatory and litigation landscape. In this opening session, our esteemed co-chairs will set the stage for the conference with a highlight reel of the latest regulatory actions, agency initiatives, and class action developments impacting food industry practices in 2024 and beyond.

9:30am

Status Update on FDA’s Proposal for a Unified Human Foods Program and New Model for the Office of Regulatory Affairs

Microphone-alt

Suzie Trigg, Partner, Haynes & Boone LLP

Sharon Mayl, Partner, DLA Piper LLP

This opening session will conduct a deep-dive into the FDA’s proposal for a Unified Foods Program and what the implications will be for the food industry. Come prepared with your questions as the session will conclude with a designated Q&A segment.

10:15am Morning Refreshment Break

10:45am

A Comprehensive Guide to Navigating Food Ingredient Safety: Understanding Evolving Laws and Managing Compliance Challenges

Microphone-alt Hih Song Kim, Executive Vice President, Chief Legal Officer & Corporate Secretary, BlueTriton Brands

John Luedke, Global General Counsel, Food Law, MARS, Inc.

Smitha G. Stansbury, Partner, King & Spalding LLP

• Assessing the scope of FDA’s authority to regulate the safety of food ingredients

• Understanding the impact that FDA guidance has on state-level ingredient safety regulation

• Best practices for exercising supply chain caution when importing and exporting certain ingredients

• Identifying states that have developed their own rules surrounding ingredient safety

» Breaking down the California Food Safety Act and its implications

» Analyzing New York’s new bill prohibiting certain food additives and color additives

• Understanding the impact of state-level ingredient safety regulation on food companies when it comes to:

» Sourcing ingredients

» Selling or transporting products through interstate commerce

• Evaluating the response of trade associations to state-level regulation of ingredients

» Will trade associations push for legislation to pre-empt states from continuing to create their own rules governing ingredient safety?

• Forecasting the impact that increased state-level ingredient bans will have on the food industry

» Does FDA have the authority to intervene?

• Examining the new bill proposing the establishment of the Office of Food Safety Reassessment

» How will this alter regulatory procedures?

11:45am

Riding the Plant-Based Wave: Navigating the Latest Scientific and Regulatory Developments Impacting Plant-Based “Meats” and “Milks”

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

Mackenzie Battle, Regulatory Attorney, Good Food Institute

• Examining FDA and USDA’s framework for the regulation of plant-based food products

• Exploring the latest developments on standards of identity for:

» Plant-based dairy alternatives

» Plant-based “meat” products

• Making sense of FDA’s Draft Guidance on Plant-Based Milk Alternatives

» What are the practical implications for the food industry?

» Defining “milk” and understanding when and how the term may be used on PBM products

• Taking a deep-dive into plant-based meat alternatives

» Evaluating potential public health and food systems implications associated with plant-based meat alternatives

• The importance of the label: Navigating the latest federal guidance and evolving state regulations governing the labeling of plant-based foods

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

• Examining emerging litigation trends involving plant-based proteins

12:45pm Networking Luncheon

1:45pm

The Future is Finally Now for Cell-Cultivated Proteins: How to Harness Innovation While Mitigating Compliance Risks

Microphone-alt

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

Ricardo Carvajal, Director, Hyman Phelps & McNamara, PC

The cell-cultured meat and alternative protein landscape is rapidly evolving, as new ingredients and technologies are being used to generate products that are increasingly similar to their animalbased counterparts. As regulatory developments are beginning to catch up with the technological advancements in the novel foods sector, this panel will delve into the latest innovations and governing guidelines for cell cultured food products.

• Understanding FDA and USDA’s guidelines around Human Food Made Using Animal Cell Culture Technology

• Comparing European Food Safety Authority (EFSA) guidelines around Human Food Made Using Animal Cell Culture Technology

• Identifying the cell cultured foods that are already in the market and new products that may be coming down the pike

• Examining the challenges of cultivated meats that must be addressed for commercial production

• Exploring developments regarding GRAS and Pre-Market Consultations for Novel Foods

» How does this compare to European procedures?

• Discovering GRAS notifications and European Novel food submission regarding the use of precise fermentation

• Analyzing how states will be impacted by production of cell cultured food

» Are there any states that have prohibited cell cultured food products?

» Are there countries in Europe that have prohibited cell cultured food products?

• Navigating the maze of U.S. federal and state, as well as European labeling and packaging requirements for cell cultured products

2:45pm

Analyzing FDA’s Guidance on Allergen Labelling

Microphone-alt Joseph Baumert, Ph.D., Director – Food Allergy Research & Resources Program, University of Nebraska-Lincoln

• Reviewing FDA’s guidance on Allergen Labeling

• What has changed?

• Examining thresholds and ‘risk-based’ approaches for allergen management

• How will this affect precautionary/advisory labels?

• Assessing FAO/WHO consultation on food allergen risk assessment

3:15pm Afternoon Refreshment Break

3:30pm

Let’s Dish on ESG: Charting a More Sustainable and Socially Responsible Path for Food Products

Microphone-alt Mark Leonard, General Counsel, Sunsweet Growers, Inc

Steven P. Blonder, Principal, Much Shelist, P.C.

Pamela Grinter, Partner, Fox Rosthchild LLP

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

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

• Appreciating the importance of third-party certifications in ensuring ethical and sustainable practices for supply chain operations and management

• Analyzing how well-intentioned environmental regulations can negatively impact food production

• Analyzing best practices for packaging relative to composability and recyclability

• Anticipating new packaging regulations that may help ensure a more sustainable future:

» Potential increased use of antimicrobial packaging

» pH-reliant intelligent packaging

» Secondary packaging

» Paper-based packaging

• Understanding the importance of ESG reporting and how to align with stricter regulations to avoid legal enforcement

• Enhancing initiatives to bolster corporate social responsibility in response to the growing desire for eco-friendly food products

4:30pm

Gearing Up for Enhanced Traceability: Building Your Roadmap for Compliance with the FDA’s New Final Food Traceability Rule

Microphone-alt Timothy Dietrich, Partner Barley Snyder LLP

Elizabeth B. Fawell, Partner, Hogan Lovells LLP

Brandon Neuschafer, Partner, Arnold & Porter LLP

Companies with ingredients on the latest Food Traceability List have until January 20, 2026, to comply with the FDA’s recently released Final Rule on Food Traceability. To avoid being out of compliance when enforcement begins, food and beverage companies need to start their journeys now. This panel will share insights on:

• Understanding the intricacies of the new Final Rule and understanding who in the supply chain is affected

• Analyzing the current Food Traceability List (FTL), and forecasting potential new ingredients to be added to the list

• Examining the importance of traceability beginning at the ingredient level

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

• Exploring best practices and tools for record keeping requirements

• Developing best practices for a good food safety plan

» Assessing current capabilities

» Looking at all impacted products, business units and the technologies utilized

» Understanding the role of different organizational functions in the traceability process

5:30pm Closing Remarks - Day 1 Adjourns

MAIN CONFERENCE DAY TWO

8:30am Continental Breakfast and Registration

9:30am

Co-Chairs’ Welcome Remarks

Microphone-alt Sarah L. Brew, Partner, Faegre Drinker Biddle & Reath LLP

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

Tony Pavel, Partner, Keller & Heckman LLP

9:45am

Dissecting Your Food Label: Critical Food Labeling Considerations in the Face of Evolving Agency Guidance

Microphone-alt Stuart M. Pape, Shareholder, Polsinelli, P.C.

• Understanding the new criteria proposed by FDA for food products to make “healthy” nutrient content claims

• Examining what the FDA’s new rule on “healthy” will require with regard to label changes, modifications to product formulations and new recordkeeping obligations

• Examining the latest guidelines on front of pack labeling

» Assessing overlaps and contradictions in state labeling guidelines

» Compliance considerations when making decisions regarding your label color and the number of labels on your package front

• Analyzing how new front of pack guidelines will affect sales of your product

» FOP Guidelines for:

ƒ EU

ƒ Canada

ƒ Mexico

• Assessing current regulatory guidelines governing online food labels

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

10:30am Morning Refreshment Break

11:00am

Broadening Horizons: Exploring Global Food Law Developments and Cross-Border Considerations

Microphone-alt Lewis Retik, Partner, Gowling WLG

Guillermo Govela, Counsel – Head of Life Sciences & Healthcare Practice, Creel, García-Cuéllar, Aiza y Enríquez, S.C.

Benjamin L. England, CEO and Founder, FDAImports.com, LLC

As manufacturers of food and beverage products continuously look to expand their marketplace, this session will dive into the latest global regulatory developments that will impact entrance into the Canadian, Mexican, and European food markets.

• Analyzing the different complex food laws to watch out for at the global level

• Navigating the process of selling your product outside the U.S.

» Understanding critical cross-border production, packaging and labeling requirements

• Tackling the challenges of tracing products and sourcing/using international ingredients

• Understanding notable food ingredient safety regulations that manufacturers need to be mindful of in Canada, Mexico and Europe

12:00pm Networking Luncheon

SPOTLIGHT on Food Advertising and Marketing

1:00pm

What It Really Means to be “Green” in 2024: Mastering the Intricacies of Making and Substantiating Green Claims in Today’s Regulatory Landscape

Microphone-alt

Joseph Aquilina, Vice President & Deputy General Counsel, Consumer Brand Association

Andrew Lustigman, Partner, Olshan, Frome, Wolosky LLP

Steve Toeniskoetter, Associate General Counsel, Regulatory, Niagara Bottling

• Examining the new proposed changes to the Green Guides and the impact that FTC’s contemplated rulemaking could have on environmental marketing claims

• Exploring differences in FTC’s guidance and state law requirements for the term “recyclable”

» Best practices for how to deal with patchwork state laws regarding environmental claims, such as “recyclable” “eco-friendly” and “compostable”

• Understanding what the FTC means by “greenwashing” and how to avoid penalties when making claims

• Understanding what is needed to back up claims of products being recyclable, biodegradable, carbon neutral, and beyond

» What types of testing is needed? Where should the data come from?

• Managing the risks associated with vendors making claims about your products

• Reviewing and understanding green claim trends that are vulnerable to class-action activity

» Recyclable packaging

» Renewable energy

2:00pm

Food

Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer

Reviews

in Food Product Advertising

Microphone-alt Serena Viswanathan, Associate Director, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission

Laura Brett, Vice President, National Advertising Division (NAD), BBB National Programs

Moderator:

Ronald Urbach, Partner/ Co-Chair, Advertising + Marketing, Davis+Gilbert LLP

FTC released its finalized new Endorsement Guides and issued a proposed rule on the use of consumer reviews and Testimonials. Join us for this critical discussion of how the latest FTC guidance will impact social media advertising of food products and potential new areas of focus moving forward.

• Analyzing the FTC’s guidance for social media on:

» Influencers

» Endorsers

• Understanding FTC’s take on dark patterns and consumer deception tactics

• Examining problematic claims and areas of NAD and FTC focus

• Assessing the nuances involved when advertising across different social media platforms

» Addressing compliance challenges across multiple platforms

» Best practice tips for:

ƒ Metaverse

ƒ Instagram, Facebook, or X platforms

ƒ Tik Tok or YouTube

• Establishing best practices for substantiating claims in advertisements

• Assessing recent FTC enforcement actions

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

2:45pm Afternoon Refreshment Break

3:00pm

The Fight Against Food Fraud: Tactical Tools for Minimizing Adulteration and Fostering Product Integrity in the Food Supply Chain

Microphone-alt Melissa Card-Abela, Senior Regulatory Counsel, Whole Foods Market Inc.

Angela M. Spivey, Partner, Alston & Bird LLP

The integrity of the global food supply chain is frequently challenged by food adulteration and fraud. In this session we will investigate the most effective protocols, methods and tools to help overcome the latest challenges and risks in this arena.

• Assessing the complexity of global fraud within the food supply chain

• Identifying how fraud occurs in the food supply chain and common risks that companies need to be mindful of

• Managing your trail of food ingredients and products to avoid fraud

• Establishing steps companies can take to protect food product integrity if they discover fraudulent activity

• Developing best practices and an emergency guide to combat fraud and minimize loss

• Understanding the penalties associated with fraud

» How does the USDA regulate this?

4:00pm

Status Report on the Latest Class Action and Prop 65 Activity Posing Risks to the Food Industry

Microphone-alt

Jennifer J. Millones, Chief Legal Officer, Newman’s Own, Inc.

Hank Turner, Vice President & Chief Counsel – Litigation, Conagra

Jasmine Wetherell, Partner, Perkin Coie LLP

• Analyzing the latest trends in class action activity impacting the food industry

» PFAS

» Protein Claims

» Flavor Claims

• Examining the latest advertising and labeling practices triggering class action claims

• Identifying key lessons and takeaways from the latest litigation activity

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

• Insights on what the plaintiff’s bar may target next

• Assessing how current class action activity will impact future claims practices as well as your bottom line

Prop 65

• Identifying challenges small businesses encounter in complying with Prop 65

• Reviewing the latest developments in Prop 65 Online Warning regulations

• Understanding how Prop 65 is affecting state-level activity

5:00pm

Closing Remarks - Main Conference Adjourns

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