Top Legal and Regulatory Issues for Food & Beverage Companies in 2022

The Food Institute and Olsson Frank Weeda Terman Matz, PC (OFW Law) are sponsoring a four-part virtual seminar on some of the top legal and regulatory issues facing food and beverage companies in 2022.

Guest Speakers:
Carlos F. Ramirez - Principal, Reese LLP
Jonathan S. Miller - Washington D.C. Member-in-Charge, Frost Brown Todd LLC
Danielle Thompson - Business Development Associate, Carbon Trust
Silvana Centty - Associate Director, Carbon Trust

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Day 1 Agenda

Session 1: Latest FDA developments on "Healthy" claims on Food Labels

FDA is moving full speed ahead on redefining the criteria for the nutrient content claim “healthy.” The agency is also in the final stages of developing a universal FDA-approved symbol that can voluntarily be used on foods meeting the agency’s newest criteria for the claim.

• How will the agency’s criteria for total fat, added sugars, and cholesterol content change for “healthy” foods?
• Which foods may lose the right to make “healthy” claims and which foods may gain a new right to be labeled as “healthy?”
• What will the FDA’s “healthy” symbol look like and how will it be able to be used in marketing?

A proposed regulation is expected in 2022. Be ready and plan ahead with the insight provided by this in depth look at FDA developments on this key food labeling issue.

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Session 2: Class Action Lawsuits & Case Studies

More class action cases challenging food labeling claims were brought in 2021 than ever before. The class action case has become the primary means for enforcing the prohibition against “false or misleading” label claims.

• Review the latest court decisions on natural, wholesome, artisan, handcrafted, made with real fruit, vanilla flavored, “veggie,” sustainable, fair trade, GMO Free, Non-GMO, and other claims not specifically governed by formal FDA regulations.
• Examine lessons learned from real case studies.
• Weigh the costs of taking calculated risks, defending label claims, and learn how to avoid the class action trap.

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Session 3: Latest Outlook on CBD Regulation and Legislation

Navigate the risky waters of CBD regulation and the addition of CBD to foods and dietary supplements.

AB 45, a California-enacted statute, generally legalizes the addition of CBD to foods and dietary supplements under California law, subject to implementing regulations issued by the California Department of Public Health, but California law does not alter the status of CBD-containing foods and dietary supplements under Federal law.

Can food and dietary supplement companies legally manufacture and market CBD containing products solely within the state of California?

CBD remains illegal under federal law in FDA-regulated foods and dietary supplements and the agency took a series of enforcement actions in 2021.

But legislation pending in Congress may force the agency to change course.

• Learn about the interface of state and federal law pertaining to CBD containing foods and dietary supplements.

• Gain an understanding of pending federal legislation.

• Discover how the introduction of such legislation may influence current FDA enforcement policy.

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Day 2 Agenda

Session 4: Carbon Labeling Claims for The Food and Restaurant Industries - The Outlook for 2022

Climate change is continuously assuming a greater role in consumer purchasing decisions, and companies are taking note of growing consumer awareness of the food industry’s carbon footprint.

Marketers are recognizing that they can gain a distinct advantage in the marketplace by addressing climate concerns and by providing carbon ratings on processed foods and menu items.

This session will take a closer look at some of the food producers and service providers that are proceeding with such labeling initiatives. The session will provide a step-by-step guide on how to plan for, and responsibly implement, a carbon footprint rating system including:

• Parameters of a carbon labeling program
• The origins of carbon footprint labeling for foods
• What companies are doing now to provide carbon labeling
• Factors to consider when providing carbon footprint rankings
• How to choose a third-party accreditation and certification program
• A review of the legal framework for carbon rating disclosures
• The role of the USDA, FDA, and Federal Trade Commission
• Best practices and safe harbors for providing carbon footprint ratings

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Virtual Seminar Pricing:
Full 2-Day Recording - $499

Day 1 Recording- F&B Regulatory Updates - $149/each session
• Latest in "Healthy" Claims
• Class Action Lawsuits & Case Studies
• Latest Regulatory Outlook on CBD

Day 2 Recording - Carbon Labeling - $199

Individual sessions can be purchased separately. Registration links can be found in the sessions below.

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Who Should Attend:

• Food and Beverage Industry Professionals
• Food Manufacturers
• Retail Executives
• Regulatory Affairs Professionals
• Quality Assurance VPs

Why Should You Attend?

• Best-In-Class Instruction - Training from one of the top food labeling experts in the country.
• Online access - This year's labeling event will again be held virtually, making it easier than ever to attend.
• Customization - Access the full event or choose which sessions are most important to your business.
• Replay on-demand - You will have the option to attend live or on-demand.