Food Marketing Claims in the United States: Regulatory and Litigation Risks, Defenses and Best Practices

Why Should You Attend:

The increasing use of marketing claims to promote health-related benefits of food, and product attributes such as “natural,” has resulted in more regulatory challenges as well as a flood of class action lawsuits brought by private plaintiffs under state consumer protection laws.

This webinar will help you evaluate the likelihood of challenges to marketing claims by providing you an understanding of the enforcement positions taken by the regulatory agencies, the legal theories relied upon by private plaintiffs, the standards underlying NAD decisions, and the relationship between regulatory and litigation risks. Effective risk management requires careful review of proposed marketing claims at the outset, which may include wording, placement, context, scientific substantiation and production steps. Defending class action lawsuits can have serious financial implications for food companies even if the case does not appear to be meritorious. This session will cover litigation strategies that involve an early evaluation of both procedural and substantive issues, with an initial focus on seeking to defeat class certification.

• FDA requirements for labeling claims.
• FTC requirements for advertising claims.
• Overview of state consumer fraud laws.
• NAD standards.
• FDA enforcement actions.
• FTC enforcement actions.
• NAD decisions.
• Class action lawsuits.
• Risk assessments for claims.
• Industry trends regarding marketing claims.

Who Will Benefit:

• Executives of food and dietary supplement companies
• Regulatory Affairs professionals
• Legal Counsel for food and dietary supplement companies
• Marketing Managers
• Research and Development scientists

Instructor Profile:

Leslie T.Krasny, is a partner in the law firm of Keller and Heckman LLP, and manages the San Francisco office. She practices regulatory law, focusing on food and dietary supplements. Her areas of expertise include safety, labeling, advertising, recalls, inspections, ingredient evaluation, claim substantiation, Proposition 65, and biotechnology. Her clients include growers, manufacturers, distributors, importers, retailers, foodservice chains and trade associations, and she serves as General Counsel to the Produce Marketing Association. She is a frequent speaker and writer on food law issues, serves on the Food and Drug Law Institute’s Board of Directors and its Food and Dietary Supplements Committee, and is a member of the Editorial Advisory Board of Food Processing Magazine.

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