Hot Topics in Food Labeling and Safety

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Presentation transcript:

Hot Topics in Food Labeling and Safety Food Labeling Panel: Current Food Labeling Regulations, Labeling Trends, and Class Action Litigation Related to Food Labeling Mitchell Hamline School of Law November 29, 2016

Panelists Sarah Brew, Moderator Shirley Boyd Partner VP, Assistant General Counsel Steve Toeniskoetter Melissa Wolchansky Senior Attorney

Who’s Looking at Labels? Government FTC, FDA, USDA, State AGs Consumers Esp. social media Self-regulatory Bodies NAD, CARU, CFBAI NGOs, bloggers, academics Industry, supply chains Class Action Lawyers Competitors

Latest Federal Law, Regulations and Developments Fat, Sugar, Salt “Healthy” and other health claims KIND petition Nutrition Facts Panel

New Nutrition Facts Panel Format

Latest on GMO Labeling Legislation Federal Legislation/Regulations Timing What is covered? Open issues USDA How to provide information about GMOs Non-GMO GM “Natural” and GMOs

Latest in “Natural” Litigation FDA’s request for comments on “natural” Resulting judicial stays based on primary jurisdiction 11 cases and counting Plaintiffs’ Bar perspective Label changes Settlements

Food Labeling Class Action Update Ascertainability Subpoena records from retailers Shopper Cards/retail records/identifiable information Damages Hedonic regression analysis Price Premium At class certification? Standing Injunctive relief Understanding “natural”

Managing Labeling Risk: The Company Perspective How do you keep abreast of the latest label challenges and litigation trends? Has your company changed its label review and substantiation processes as a result of litigation?

Questions?