The Food Court: Trends and Updates in Food Litigation for 2018
Still one of the most active areas in the class action litigation landscape, false advertising claims involving food products continue to soar. Recent food litigation trends include advertising claims involving “diet”, “all-natural,” and “sugar” types of branding. Plaintiffs, more recently, have implemented new strategies in recent “all-natural” cases, covering everything from pesticide residues to “natural” yogurts.
Food companies should continuously be on the lookout on how courts treat these advertising claims. Robust defenses and risk mitigation strategies should also be put in place.
In a LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues in Food Litigation for 2018. They will provide an in-depth discussion of recent case filings, court rulings, and regulatory activities. Speakers will also offer best practices in developing and implementing effective defenses and risk mitigation strategies.
Key topics include:
- Food Litigation – Recent Trends and Developments
- Notable Cases and Court Rulings
- Litigation Strategies
- Best Risk Mitigation Practices
- What Lies Ahead?
Marisa Maleck, Senior Attorney
King & Spalding
- Food and Drug Administration (FDA)
- Overview of FDA’s regulation of food labels and labeling
- Enforcement and exposure examples
- Federal Trade Commission (FTC)
- Overview of FTC’s regulation of food advertising
- Enforcement and exposure examples
- Competitor and Consumer Challenges
- Managing Risk
Megan Oliver Thompson, Partner
Hanson Bridgett LLP
- Prop 65 coffee claims
- Slack fill claims
- Common labeling claims such as sugar, evaporated cane juice, health, protein, trans fat
- Recent class action decisions re ascertainability, standing, and settlement
J. Lee Gray, Partner
Holland & Hart LLP
- Forum shopping and effect of Bristol-Meyers Squibb;
- Damage models in food & Beverage cases;
- “Clean meat” products and federal preemption
- Labeling claims for product origin and “natural” or “organic” claims
Christopher G. Van Gundy, Partner
Keller and Heckman LLP
- “Healthy” Claims – The Sugar Wars
- “Healthy Aura” Claims – Organic and non-GMO
- Organic and Non-GMO
- Non-GMO Claims
Who Should Attend:
- Food & Beverage Manufacturers
- Food & Beverage Lawyers
- In-house Counsel and Advisers
- Brand Managers
- Risk and Compliance Officers
- Marketing and Advertising Directors
- Litigation Officers
- Senior Management
- Food and Beverage Services
Christopher Van Gundy is a partner in the San Francisco office of Keller and Heckman LLP. His practice focuses on food law litigation and regulation, including class actions and product liability defense, Proposition 65 matters, U.S. Department of Agriculture (USDA) issues, FDA labeling compliance, indemnity disputes, slackfill claims, Lanham Act and state consumer protection statutes, food authenticity (“food fraud”) issues, false advertising and food marketing claims, supply chain management, and distribution disputes. Mr. Van Gundy counsels food producers, distributors and their retail partners with identifying, preventing and/or mitigating supply chain risks in light of an increasingly global value chain and the new FDA Food Safety Modernization Act (FSMA) requirements. Mr. Van Gundy also has litigated a wide variety of complex commercial disputes in both state and federal courts nationwide, as well as international litigation and arbitration.
Christopher Van Gundy is a partner in the San Francisco office of Keller and Heckman LLP. His practice focuses on …
Lee Gray relies on two decades of experience to help manufacturers and food & beverage producers with a variety of product-related issues, including product liability litigation, product recalls, regulatory compliance, and resolving commercial disputes.
Lee represents clients in trials, arbitrations, preliminary injunction hearings, and administrative hearings.
Lee Gray relies on two decades of experience to help manufacturers and food & beverage producers with a variety of …
Marisa Maleck is a senior associate at King & Spalding LLP in the Trial and Global Disputes Practice Group. She focuses on appeals, motions, and strategic counseling in both state and federal courts.
Marisa represents clients in a variety of matters, particularly in relation to class actions; consumer fraud and related torts; food, drug, medical device, and cosmetic law; administrative law; healthcare; and data security. Her current matters include advising food, beverage, dietary supplement, and cosmetic companies on labeling and advertising practices, and responding to lawsuits in connection with those practices.
She is a former law clerk to Justice Clarence Thomas of the Supreme Court of the United States and to Judge William H. Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit.
Marisa Maleck is a senior associate at King & Spalding LLP in the Trial and Global Disputes Practice Group. She …
Megan’s litigation practice is focused on defending consumer class actions, civil rights class actions, and other complex business litigation. Megan litigates and counsels her clients regarding diverse claims including unfair business practices, false advertising, fraud, California’s Consumers Legal Remedies Act (CLRA), the Fair and Accurate Credit Transactions Act (FACTA), the Telephone Consumer Protection Act (TCPA), California’s Automatic Renewal Law (ARL), contract disputes, regulatory matters, and disability access. Megan also has substantial experience litigating class claims regarding the use of the term “natural” on food product labeling. She has represented clients in a wide range of industries including food, restaurant, dairy, retail, technology, franchising, and financial. Megan leads Hanson Bridgett’s Class Action Practice Group, as well as the firm’s Women’s Impact Network.
Megan’s litigation practice is focused on defending consumer class actions, civil rights class actions, and other complex business litigation. Megan …
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Method of Presentation:
Experience in consumer class-action litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Keller and Heckman LLP
Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, litigation, and business transactions, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm's attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.
Keller and Heckman represents a wide spectrum of companies and trade associations servicing a range of industries, including food and food additives, plastics, pesticides, industrial and specialty chemicals, drugs and medical devices, transportation, and telecommunications. The firm's practice covers the diverse regulatory areas that affect these industries, as well as business counseling and litigation issues.
About Holland & Hart LLP
Founded in 1947, Holland & Hart is a full-service law firm that today has approximately 470 lawyers across eight states and in Washington, D.C. delivering integrated legal solutions to regional, national, and international clients of all sizes in a diverse range of industries.
Our attorneys have been consistently recognized by leading national and international peer and industry review organizations for innovation and dedication to the practice of law. From startups to Fortune 500 companies, we serve clients in a diverse range of industries from technology, communications, business services, media, energy and resources, to engineering and healthcare services, and more.
About King & Spalding
King & Spalding helps leading companies advance complex business interests in more than 160 countries. Working across a highly integrated platform of more than 1,000 lawyers in 20 offices globally, it delivers tailored commercial solutions through world-class offerings and an uncompromising approach to quality and service.
About Hanson Bridgett LLP
Hanson Bridgett is a law firm with more than 160 attorneys in offices throughout San Francisco, Sacramento, the North Bay, the East Bay and Los Angeles. Serving clients since 1958, we are well known in California and have earned a national reputation in many practice areas.
Our diverse client list includes large national and global companies as well as governmental entities, regional businesses and individuals. While our offices are located throughout California, our attorneys frequently work on matters that cross domestic and international borders. To ensure our clients receive flawless service and top notch legal counsel wherever located, we have forged alliances with firms in national and international legal networks.
We are a certified B Corp and socially responsible members of our communities. Our firm is driven by a commitment to diversity, charitable giving, pro bono legal work and hands-on service.