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Hot Topics in Food Labeling and Safety

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Presentation on theme: "Hot Topics in Food Labeling and Safety"— Presentation transcript:

1 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

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

3 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

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

5 New Nutrition Facts Panel Format

6 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

7 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

8 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”

9 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?

10 Questions?

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