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Added Sugar Trends and Case Studies

Lisa Weller Ashton, Food Regulatory Consultant
Tracks: Nutrition, Expert 
The definition of Added Sugar has been vastly debated since the publication of FDA’s final rule for nutrition labeling. Since then, the agency has continued to release additional guidance to facilitate implementation of the rules. This session will use examples and case studies to explain the FDA’s definition of Added Sugars, propose best practices for troubleshooting data collection, and highlight strategies for optimizing nutrition facts panel sugar declarations.

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Bioengineered Labeling (NBFDS) Update

Alexandria Fischer, Food Disclosure and Labeling Division, USDA AMS
Tracks: FDA, USDA, Expert 
With mandatory bioengineered disclosure in place now for a full year, industry has begun to standardize best practices for labeling. This session will cover any updates and nuances to the specifics of the new rule, the options for disclosing BE status and plans for USDA enforcement.

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Canadian Labeling

Michelle Anstey, NSF International
Tracks: Expert 
Understand new Canadian nutrition and ingredient labeling regulations and learn how they differ from labeling in the US, including the Front-of-Package symbol, Nutrition Facts Table and ingredient list formats, and allergen declarations. Discuss the subtleties of formulating products for Canada and some of the special issues that apply. Understand what resources are available to you to ensure your Canadian labels are compliant.

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Cannabis and CBD in Food Products

Jonathan Havens, Saul Ewing Arnstein & Lehr LLP
Tracks: FDA, USDA, Marketing, Expert 
Cannabidiol (CBD) remains in the news, especially since the U.S. Food and Drug Administration’s (FDA or the Agency) January 26th announcement that existing regulatory frameworks for foods and supplements are not appropriate for CBD, and that the Agency will work with Congress on a path forward.  Despite this, CBD continues to be used in foods and supplements. Find out why CBD-infused products could hold both promise and peril, what we know about the science behind the hype, and what remains to be seen. Learn about the confusing legal and regulatory framework surrounding CBD, when and how the federal landscape in this area might change, and the rules of the road about adding it to food products.

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Carbon Labeling

Amaru Sanchez, Wiley Rein LLP
Tracks: FDA, USDA, Marketing, Expert 
Consumers and investors continue to show increasing interest in environmental and sustainability commitments by companies, and the food industry has responded in kind. However, there are few widely accepted industry standards for many environmental claims such as “carbon offset”, “carbon neutral”, and “sustainable,” making these claims an increasingly frequent source of litigation by consumers, interest groups, and regulatory agencies. In this breakout session, the presenter will cover topics such as environmental claims (e.g., carbon offset, sustainable, climate-friendly) as well as the relevant regulatory agencies (e.g., FTC, SEC, FDA, USDA, etc.) involved. Additionally, the presenter will explore the role of certification bodies in this space and relevant scenarios to identify and avoid common pitfalls when making environmental claims.

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Child Nutrition (School Lunch) Labeling Overview

Trish Tung-Tayman, USDA Child Nutrition (CN) Labeling Program Office, USDA-AMS
Tracks: Nutrition, FDA, USDA, Expert 
Discover the ins and outs of Child Nutrition labeling from the administrators themselves. Explore how CN labeling works and its advantages. Learn about the Agricultural Marketing Service (AMS) quality control program and the CN label application process. Find out where to obtain information and discuss some frequently asked questions.

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Clean Labeling

Kantha Shelke, Corvus Blue LLC
Tracks: FDA, USDA, Marketing, Expert 
There is no regulatory definition for clean labeling. But the truth is, consumer demand for easy-to-understand ingredient statements and trustworthy labels isn't going anywhere. When it comes to meeting what consumers want, it is a lot easier said than done. This session will cover the technical realities associated with the concept of a “clean” label from an R&D and Regulatory perspective.

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Date Coding

Janis Hochstetler, Iowa Meat & Poultry Inspection Bureau
Tracks: FDA, USDA, Expert
What does that EXP 1/31/2025 really mean on that can of soup?   This session will examine Terms, Consumer Expectations, Industry Standards, FDA and USDA Regulatory Requirements, Safety vs Quality, Shelf Life Studies and Resources all relating to food code dating.

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Dietary Supplement Labeling Nuances

Erin Taraborrelli, Source Nutraceutical, Inc.
Tracks: Nutrition, Expert 
The dietary supplement market is constantly growing and more and more companies are moving into this space. Dietary supplement labeling differs from that of conventional food labeling in what you must include, the claims that are available to you, and other responsibilities for the brand owner. It is In this breakout session we will provide an overview of the regulatory requirements, challenges and common pitfalls in dietary supplement labeling, substantiation and the FDA and FTC’s role in regulating the dietary supplement industry.

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FDA Claims Best Practices/ Workshop

Katy Enright, Mars-Wrigley
Tracks: FDA, Marketing, Expert 
Claims Workshop - Join this interactive session to test your knowledge about claims trending in the market and evaluate claim acceptability in a fun way. Bring your smartphone to participate anonymously and enjoy a session without slides!

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FDA Updates: Healthy Claim and FOP Labeling

Mason Weeda, OFW Law
Tracks: FDA, Marketing, Expert 
In September 2022 FDA proposed to update the definition of “healthy.” Initially set in 1994, FDA found the current definition does not align with current nutrition science, federal dietary guidelines, and the updated nutrition facts label. This session covers the history of the “healthy” definition; what the proposed rule aims to accomplish; the impact this will have on food labeling; FDA’s next steps; FDA’s related research on a voluntary “healthy” symbol; and FDA’s research on a mandatory “front of pack” (FOP) labeling system.

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Flavor Labeling Trends

Lisa Cummins, McCormick Flavor Solutions | McCormick FONA
Tracks: FDA, Marketing, Expert 
Flavor labeling tops the charts as one of the most common complicated aspects of product labeling. This session will cover flavor descriptors and the laws governing labeling and specific situations including food allergens, flavoring agents, ingredient classifications, flavor categories, organic, kosher and halal.

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FTC Advertising & Claims

Liz Sanger, Federal Trade Commission
‍Tracks: FDA, USDA, Marketing, Expert 
Learn about the FTC rules on advertising and how they apply to your food package artwork and claims. Find out what the FTC's enforcement priorities are and learn the subtleties of online marketing and social media.

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Geographic Claims

Jesse Zuehlke, Prime Label Consultants
Tracks: FDA, USDA, Marketing, Expert
Labeling product with origin claims, geographic statements and imagery, or even references to culinary styles can be complex. This session will breakdown the various requirements from FTC and FDA, and recently proposed rulemaking from USDA. Learn important strategies for labeling origin and geographic claims, and understand key risks to watch out for.

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Legal Risks: Demand Letters and Litigation Trends

Ivan Wasserman, Amin Talati Wasserman
Tracks: FDA, Marketing, Expert 
Plaintiff litigation and demand letters are becoming one of the primary risks to consider in developing product marketing strategies. Learn how to navigate the shark tank with this discussion of the current litigation landscape, how to best protect your company, and what to do if when your product becomes a target.

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Mandatory COOL Labeling

Sonja Jones, Food Disclosure and Labeling Division, USDA-AMS
Tracks: FDA, USDA, Marketing, Expert 
Country of Origin Labeling is managed by the Food Disclosure and Labeling Division of AMS USDA, and required for retail labeling of a range of raw agricultural commodities. Learn how to determine if your products are covered and the labeling requirements, along with common FAQs to help fully implement your labeling strategy.

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Mexican Labeling

Phil Daniel & Fabiola Montero, TechLink International
Tracks: Expert 
All Mexican labels were required to meet the latest food labeling requirements by 2021. We will discuss this substantial change and what shifted as a result of the new standard.

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Natural Labeling Complexities

Eve Pelonis, Keller and Heckman LLP
Tracks: FDA, USDA, Marketing, Expert 
Understand the ins and outs of Natural labeling. Explore the differences between FDA and USDA definitions of “Natural”. Discuss the impact on retail, restaurants and customer perception, and explore the pros and cons of this contentious claim.

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NFP Calculations: Serving Sizes, DVs & Rounding Nuances

Fred Mosher & Michelle Liang, Prime Label Consultants
Tracks: Nutrition, FDA, USDA, Expert 
Explore the integrity of the Nutrition Panel by understanding the differences between calculated and analytical methods of producing nutrient data. Discuss the various sources of nutrient data and how to apply them to determine serving size and daily values. Understand the nuances of FDA rounding rules. Includes a brief introduction to Prime Label’s EZ FormⓇ food labeling software.

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Nutrient Content Claims

Caitlin Diederich, Prime Label Consultants
Tracks: Nutrition, Marketing
Learn about FDA and USDA requirements for expressed and implied claims including common call-outs such as Low Calorie, Low Fat, No Added Sugar and High Protein. Explore relative claims and front of pack nutrient claims and the subtleties of their different requirements.

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Organic Labeling Update and Q&A

Erin Healy, USDA AMS National Organic Program
Tracks: FDA, USDA, Marketing, Expert 
2023 marks what many are calling the most significant new rulemaking from USDA on the Organic Program since its inception. Learn about recently-published rules, including Strengthening Organic Enforcement, and how the changes may impact your own organic operations and labels.

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Plant-Based and Substitute Proteins: Naming and Regulatory

Brian P. Sylvester & Jessica O'Connell, Covington & Burling LLP
Tracks: FDA, Expert
As plant-based foods continue to gain ground in the U.S. marketplace, questions around lawful product naming and claims have captured the interest of FDA, stakeholders and Congress culminating most recently in FDA's publication of its Draft Guidance on plant-based milk alternatives, a particularly popular category of plant-based foods.  This session will cover FDA's Draft Guidance, providing the legal POV on insights not just for plant-based milks, but more broadly for understanding how FDA will approach the issue of naming of plant-based alternatives more generally.  We will also consider this draft guidance in the broader context of consumer scrutiny and litigation and share our views on best practices for managing risk for a range of plant-based foods and alternative protein products.

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Proposition 65

Michael Geibelson, Robins Kaplan LLP
Tracks: Expert
For products sold in the state of California, compliance with the Safe Drinking Water and Toxic Enforcement Act of 1986, or Proposition 65, is essential to mitigate litigation risk. Come and learn the important trends in claims, developments in court decisions and the clear and reasonable warnings requirements, and how your food or packaging and exposure to class action litigation may be impacted.

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Q&A on FDA Compliance

Jesse Zuehlke, Caitlin Diederich & Marissa Hagedorn, Prime Label Consultants
Tracks: Nutrition, FDA
Find out the answers to those nagging questions about your FDA labels. From product naming to claims and allergens, bring your specific questions to be answered by a PLC Consultant.

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Q&A on USDA Compliance

Emily Hendricks, Prime Label Consultants
Tracks: Nutrition, USDA
Explore the ins and outs of USDA labeling - such as product names and qualifiers; undefined RACC and nutrient claims; negative, uncured, organic and natural claims. Bring your specific questions on the subtleties of labeling to our industry and PLC experts.

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Sustainability & Environmental Marketing Claims

Sam Jockel & Rachel Lowe, Alston & Bird
Tracks: FDA, USDA, Marketing, Expert
Environmental claims are now ubiquitous in the marketplace and we’ve all seen a marked increase in litigation.  Marketers are facing risk from regulators, NGOs, consumer class action attorneys, and competitors, even when they have vetted their sustainability-related product labeling and advertising.  Marketers are also bracing for an update to FTC’s Green Guides governing environmental marketing claims.  This session will cover regulatory and litigation developments, including recent court rulings and provide insights on risk mitigation.

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USDA Animal Production, Raising & Grading Claims

Emily Hendricks, Prime Label Consultants
Tracks: USDA, Marketing, Expert
‍Discuss the complexity of Animal Production and Breed Raising claims such as Cage-Free Poultry, Free-Range, No Added Hormones or Antibiotics, Humanely Raised, Certified Angus and others. Find out the latest in USDA grading claims.

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USDA Generic Approval

Celia Yau & Kirby Ham, Prime Label Consultants
Tracks: USDA, Expert
Find out the latest enforcement priorities, requirements and best practices for the expanded generic rule. Explore generic eligibility and compliance, and discuss enforcement subtleties with FSIS. Understand what you need to do to keep thorough records and discuss strategies to reduce risk.

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USDA Nutrition Library & FoodData Central

Kyle McKillop, Food for Health of People and the Environment Lab, USDA
Tracks: Nutrition, FDA, USDA, Expert
Hear from USDA to better understand USDA FoodData Central. In 2019 USDA instituted the most significant changes to 35 years of content in the Standard Reference nutrition libraries. Learn about the new structure, partner industry data, and how to use this public database.

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USDA Product Trends

Debbie Nece, Cargill Protein
Tracks: USDA, Marketing
Dive into the latest product name and claims trends in USDA labeling. Presented in a case study format, this session will facilitate discussion of trends, marketing innovations, and gray areas to be aware of.