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?