Agenda
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Day 1
April 29, 2025
Networking Breakfast and Registration
Post-Election Debrief for the Food Industry
Navigating an Increased State of Uncertainty, and Exploring the Impacts of Policies and Tariffs Under a New Administration
Cynthia GibsonSVP and General Counsel Bush Brothers & Company
John LuedkeGeneral Counsel, Global Food Law Mars
Katlin McKelviePartnerGibson, Dunner & Crutcher LLP
We’ll kick off this year’s conference with an opening panel discussion on policy shifts under the new administration that are set to significantly impact the food industry. Our panelists will explore the evolving landscape of ‘Trump 2.0’ and provide insights on what we may expect from key agencies responsible for the human food supply.
- Anticipating policies under Trump 2.0, and exploring how food manufacturers will be impacted
- Predicting how new FDA leadership under an RFK, Jr.-led HHS will impact FDA’s Human Foods Program
- Understanding how proposed tariffs under the New Administration will affect imports and exports, cost of goods, and supply chain
- How the food industry can prepare for workforce challenges resulting from the New Administration’s stance on immigration
- Assessing the implications of Loper Bright for FDA rulemaking concerning food, and addressing new challenges to the tenets of the Administrative Procedures Act (APA)
New Human Foods Program (HFP): Updates, Priorities, and What a Modernized, Unified Approach Means for the Food Industry
Barbara KowalcykDirector, Institute for Food Safety and Nutrition Security George Washington University
Cindy KrugerChief Counsel – Food Safety & RegulatoryPepsiCo Inc.
Steven MandernachExecutive DirectorAssociation of Food and Drug Officials
Sharon MaylPartnerDLA Piper LLP
Created through an agency reorganization, FDA’s Human Foods Program (HFP) took effect on October 1, 2024. With the goal of taking a modernized approach to food safety and an increased focus on collaboration, nutrition, and transparency in industry. This panel will explore HFP’s evolving priorities and initiatives in an increasingly complex regulatory landscape for the food industry.
- Status update on the new HFP
- Key priorities and initiatives under the New Administration: Food Safety, food labeling, and innovation
- Impact on interagency collaboration
- Opportunities for stakeholder engagement
Extended Networking Break
Roadmap to GRAS Reform: Exploring the Current Landscape of Self-GRAS and How Food Manufacturers are Preparing for Changes to FDA Requirements
Melissa Card-AbelaSenior FDA Regulatory Counsel Whole Foods Market
Mara BurrVice President, Regulatory & Technical Affairs Consumer Brands Association
Ashish TalatiFounding Member Talati Law Firm PLLC
Stuart M. PapeSenior Partner; Head of FDA Practice Polsinelli PC
FDA’s approach to the GRAS certification process is changing, with expected impacts to the current GRAS review and notification system that will impact how ingredients are evaluated and approved. During this session, we examine the current landscape of GRAS and best practices for navigating anticipated changes to self-GRAS. Discussion points include:
- Understanding the current state of GRAS review in the food industry
- Examining potential changes to the GRAS certification process
- Assessing changes to the GRAS notification index; and exploring FDA’s approach with this change
- Understanding FDA’s criteria for reviewing GRAS affirmation petitions
- Examining lessons from the “tara flour” ingredient incident
- Exploring a potential FDA revisit to the safety of previously introduced GRAS substances
Networking Luncheon
James NealePartnerMcGuireWoods LLP
Robert MarriottDirector, Regulatory Affairs American Herbal Products Association
Food manufacturers are having to navigate conflicts between state and federal law that are increasingly inconsistent and complex. This panel will explore the challenges of managing dynamic and shifting conflicts between state and federal authority over food.
- Understanding where federal pre-emption stops and state authority over food begins
- Examining the patchwork of state legislation around food additives and ingredients, including measures taken by California and other states that are leading the way in ingredient regulation
- Exploring the latest legislative and regulatory activity in California concerning food:
- California’s labeling mandates, including “Best of Use By” requirements, which is currently optional at the federal level
- Examining the impact of state legislation and initiatives concerning food dyes and coloring, and their influence on federal-level regulations
- Reviewing state legislation focusing on heavy metals in baby food and related disclosure requirement updates
Networking Break
Dissecting the Latest Labeling Developments: Best Practices for Compliance with the “Healthy” Rule, Allergen Labeling Criteria, and Front-of-Pack Labeling
Lina AhumadaHead of Legal & Government Affairs The Kraft Heinz Company
Danielle LemackAssistant General Counsel and Vice President HP Hood LLC
Timothy LoosePartnerGibson, Dunner & Crutcher LLP
Miriam J. GuggenheimPartnerCovington & Burling LLP
FDA’s final rule on ‘healthy’ as a nutrient content claim
- Assessing the scope of claims covered by the ‘healthy’ rule
- Understanding the updated criteria for the ‘healthy’ claim and changes from the prior version of the rule
- Considering alternative iterations and practical considerations to minimize risk
Allergen labeling
- Understanding FDA’s latest guidance on food allergen labeling requirements
- Distinguishing between mandatory allergen labeling and voluntary precautionary allergen labeling
- Keeping apprised of FDA’s enforcement activities related to allergen labeling
Front-of-Pack (FOP) nutrition labeling
- Understanding FDA’s proposed rule for FOP labeling and what it may mean for food manufacturers in an uncertain regulatory environment
- Exploring ways that FOP may impact food manufacturers’ approaches to marketing
- Considering potential next steps for food manufacturers under FOP, including possible reformulations
- Evaluating litigation risks relating to FOP labeling
- Comparing FDA’s proposed FOP labeling to FOP in Mexico
Tackling ESG Challenges in the Food Industry: Aligning Strategies for Global ESG Compliance
Day 1 Concludes
Day 2
April 30, 2025
Networking Breakfast and Registration
Unpacking Ultra-Processed Food: Exploring the Impact of Martinez v. Kraft Heinz on the Food Industry and Next Steps for Food Manufacturers
Kelly LaudonDirector Assistant General Counsel - Regulatory The Hershey Company
Desiree RipoHead of Food Regulatory & ComplianceFerrero
Suzie TriggPartnerHaynes & Boone LLP
In December 2024, Martinez vs. Kraft Heinz et al, targeted 11 major food companies with allegations that they were intentionally putting addictive ingredients into foods to entice consumers to eat and buy more of their products.
This panel will unpack the implications of this lawsuit in a possible RFK Jr.- led agency and explore the scope of “ultra-processed” food in today’s changing regulatory environment. Ultra-processed foods—what are they, and how are they identified?
- Exploring the findings of discussions between the FDA and NIH on ultra-processed foods—what are the implications of these talks in the current environment?
- How does an RFK confirmation impact the proposed regulations on “ultra-processed” foods?
- Assessing the “ultra-processed foods” landscape through an international lens – what is happening across the globe?
- Canada
- The UK
- Mexico
- The European Union
- Analyzing trends and data related to vegan ultra-processed foods
- Examining “ultra-processed” under Front of Pack and healthy labeling
Packaging Developments: How Top Food Manufacturers are Navigating a Patchwork of State PFAS, Microplastics, and EPR Regulations
Samantha DietleLegal Counsel, Food Law and Regulatory Nestlé
Connie PotterSenior Counsel Lactalis USA
Ronald RothsteinPartnerWinston & Strawn LLP
Evolving state regulations are reshaping the ways food manufacturers must approach packaging food products to stay compliant and avoid potential legal and reputational risks. Many of these new state laws are rooted in consumer demands for food safety and environmental sustainability.
- Exploring state-by-state regulations on PFAS in food packaging
- Exploring FDA activity to date regarding PFAS in food contact materials
- Preparing for impact of Extended Producer Responsibility (EPR) and pushing obligations upstream
- How are Oregon, Colorado, and California paving the way as the first states with a deadline of filing an EPR report and paying fees; they are not coordinated
Networking Break
Cracking Down on Contaminants & Additives: Regulatory Trends in Heavy Metals, Pesticides, and Food Dyes in the U.S. Food Supply
Emily LyonsSenior Counsel, Food Safety & Quality RegulatoryArcher-Daniels-Midland Company (ADM)
Rachel MaryanSenior Counsel: Meals, Pizza & Snacking Nestlé USA
The growing focus on heavy metals in food, particularly baby food, is prompting significant legal and regulatory scrutiny that has direct implications for food manufacturers. Food manufacturers must implement best practices for disclosing contaminants to avoid legal liabilities, protect public health, and maintain consumer trust.
- Analyzing data related to microplastics and nanoplastics in food packaging and the food supply
- Understanding the significance of FDA’s new web site dedicated to centralizing the research on microplastics and nanoplastics
- Breaking down the latest lawsuits involving heavy metals in baby food, with a look at how California and Maryland are paving the way
- Understanding the latest progress on the FDA’s “Closer to Zero”
- Navigating best practices for disclosures related to contaminants
- Exploring actions the EPA has taken to address PFAS in the water supply
Networking Luncheon
Advertising Claims Substantiation for Food: Developing Best Practices to Avoid Allegations of Misleading False Advertising Claims
Wendy FielChief Legal Officer Sabra Dipping Company
Kelly FoosAssociate General Counsel Post Consumer Brands
William FrazierAttorney, National Advertising DivisionBBB National Programs
- Exploring key developments in advertising claims substantiation for food manufacturers to watch in 2025
- Navigating increasingly complex environmental claims in food advertising
- Exploring the latest trends in Green Claims
- Preparing for the FTC’s Green Guides
- Developing best practices for claims substantiation for the food industry
Jessica HaefeleHead Legal, Lindt, Ghirardelli, and Russell Stover Chocolates Lindt & Sprüngli
Mark LeonardGeneral CounselSunsweet Growers Inc.
Jason StiehlPartnerCrowell & Moring LLP
The number of consumer class action filings has doubled in the food industry over the last decade with an alarming uptick happening specifically over the past few years. This panel will explore trends in food class actions, including:
- Interpreting the data related to the uptick in class-action lawsuits in the food industry
- Understanding reasons for the sharp increase in misleading and false advertising lawsuits against food manufacturers
- Exploring the spike in litigation on natural flavors
- ESG-related litigation trends
- Examining the extreme challenges of ‘bounty-hunter’ litigation
- Analyzing the increase litigation related to lead and cadmium in specialty foods
Networking Break
Traceability Rule Implementation: Gearing Up for Compliance with FDA’s Supply Chain Traceability Rule
Leigh BarchamAssistant General Counsel - Product Regulatory & Government Affairs US Foods Inc.
Emily DillinghamCorporate Counsel, Litigation & Regulatory Kellanova
Anna Townsend Burner, Ph.D.Food Safety Scientist Fresh Del Monte
Ryan RichardVice PresidentGS1 US
The implementation of the FDA’s Supply Chain Traceability Rule requires companies to adopt comprehensive tracking and record-keeping systems to ensure full traceability of food products throughout the supply chain. During this panel, we explore:
- Implementing robust tracking and record-keeping systems to ensure full traceability of food products across the supply chain
- Tracking the required data amid interoperability challenges between manufacturers and retailers
- Preparing for FDA compliance by establishing traceability protocols and maintaining accurate, accessible data
- Navigating the communication stream from manufacturers to retailers
- Exploring updates to the traceability list
- Continuously reviewing and updating traceability practices to align with evolving regulations and improve supply chain visibility
Ebru Basaran-ShullEVP - Ethics & ComplianceSargento Foods, Inc.
Sandy GrimmChief Legal Officer and Secretary Southeastern Grocers
Maile GradisonPartnerHogan Lovells LLP
Effective crisis management during a food recall requires a proactive approach, including clear communication with supply chain partners and running regular mock recalls to ensure readiness. By following best practices, such as maintaining transparency and speed in messaging, companies can minimize risks and protect both public safety and brand reputation.
- Developing a crisis management and crisis leadership plan for a food recall
- Best practices for maintaining clear and efficient communication with supply chain partners and third-party vendors
- Exploring the importance of creating a proactive plan to stay ahead of a potential food recall
- Running mock recalls to ensure preparedness and response readiness
- Practical tips for improving recall response and minimizing impact