ComplianceOnline, Grand Hyatt San Francisco 345 Stockton Street, San Francisco, CA 94108
2013-01-31
Course Description:his seminar will review the regulatory framework for food marketing claims and show how to defend challenges to claims in FDA and FTC enforcement actions, consumer class action lawsuits, and proceedings brought by the National Advertising Division.
It will teach the basic information that is necessary to assess, avoid and defend challenges to food marketing claims, and will provide workshops with hypothetical that present common issues. The various aspects will be covered are current food marketing regulations, enforcement actions, self-regulatory complaints, Nutrient Content Claims, Health Claims, Structure/Function Claims, Substantiation Criteria , food safety warning letters, Factual Defenses, proposition 37 on Litigation Claims, food labeling advertising, California (17200/CLRA) Claim, CLRA Letters, Dispositive Motions, Class Certification Motions.
Marketing claims that promote the nutritional value , ingredient quality, and health-related benefits of food, such as “all natural,” have increased significantly in recent years because of consumer expectations and competitive pressures. And the amount of product and scientific information being communicated is also greater due in part to the use of company web sites. This has resulted in more enforcement actions by regulatory agencies, complaints raised through industry self-regulatory bodies, and a flood of class action lawsuits under state consumer protection laws. To assess the likelihood of challenge, it is important to understand the jurisdiction of the regulatory agencies and their compliance priorities, and to track litigation trends. When there is a threatened or filed class action lawsuit regarding food marketing claims, key decisions will be based on an analysis of both substantive and procedural issues, in light of regulatory and litigation developments. Course Objectives:- Review the regulatory framework for food marketing claims.
- Address the types of claims that have triggered enforcement actions, self-regulatory complaints and class action lawsuits.
- Discuss strategies for effectively defending enforcement actions, self-regulatory matters and lawsuits.
- Highlight best practices for evaluating claims and managing risk.
- Present workshop, with hypotheticals, to allow attendees to apply information and learn practical skills
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