Food Marketing Claims in the United States

Why Should You Attend:

The increasing use of marketing claims to promote health-related benefits of food, and product attributes such as “natural,” has resulted in more regulatory challenges as well as a flood of class action lawsuits brought by private plaintiffs under state consumer protection laws.

This webinar will help you evaluate the likelihood of challenges to marketing claims by providing you an understanding of the enforcement positions taken by the regulatory agencies, the legal theories relied upon by private plaintiffs, the standards underlying NAD decisions, and the relationship between regulatory and litigation risks. Effective risk management requires careful review of proposed marketing claims at the outset, which may include wording, placement, context, scientific substantiation and production steps. Defending class action lawsuits can have serious financial implications for food companies even if the case does not appear to be meritorious. This session will cover litigation strategies that involve an early evaluation of both procedural and substantive issues, with an initial focus on seeking to defeat class certification.

• FDA requirements for labeling claims.
• FTC requirements for advertising claims.
• Overview of state consumer fraud laws.
• NAD standards.
• FDA enforcement actions.
• FTC enforcement actions.
• NAD decisions.
• Class action lawsuits.
• Risk assessments for claims.
• Industry trends regarding marketing claims.