Food Marketing Claims: Risks of Enforcement Actions and Class Action Lawsuits, Defense Strategies and Best Practices: One and a Half-day In-person Seminar

Marketing claims that promote the nutritional value, ingredient quality, and health-related benefits of food have increased significantly in recent years because of consumer expectations and competitive pressures. The amount of product and scientific information being communicated is also greater due in part to the use of company web sites. This has resulted in more enforcement actions by regulatory agencies, complaints raised through industry self-regulatory bodies, and a flood of class action lawsuits under state consumer protection laws. When there is a threatened or filed class action lawsuit regarding food marketing claims, key decisions will be based on an analysis of both substantive and procedural issues, in light of regulatory and litigation developments.

This seminar will review the regulatory framework for food marketing claims and will discuss the strategies for effectively defending enforcement actions, self-regulatory matters and lawsuits.

It will focus on current food marketing regulations, enforcement actions, self-regulatory complaints, nutrient content claims, health claims, structure/function claims, substantiation criteria , food safety warning letters, factual defenses, proposition 37 on litigation claims, food labeling advertising, California (17200/CLRA) claim, CLRA Letters, dispositive motions, class certification motions.

Course Objectives:

• Review the regulatory framework for food marketing claims.
• Address the types of claims that have triggered enforcement actions, self-regulatory complaints and class action lawsuits.
• Discuss strategies for effectively defending enforcement actions, self-regulatory matters and lawsuits.
• Highlight best practices for evaluating claims and managing risk.
• Present workshop, with hypotheticals, to allow attendees to apply information and learn practical skills

Who will Benefit:

• Regulatory Affairs
• Marketing Professionals
• Legal Personnel
• Senior Executives
• Public Affairs Personnel
• Advertising Agencies
• Food Scientists