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Added Sugars

Lacey Durrance, Prime Label Consultants
Tracks: Nutrition, FDA
The definition of Added Sugar has been vastly debated since the publication of FDA's final rule for nutrition labeling. Since then, the agency has released additional guidance to facilitate implementation of the rules. This session will use examples and case studies to explain the FDA's definition of Added Sugars, propose best practices for troubleshooting data collection, and highlight strategies for optimizing Nutrition Facts Panel declaration.

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Allergen Labeling

Elizabeth Stoll, Walmart
Tracks: Nutrition, FDA, USDA, Marketing
‍Discover the different requirements of the USDA and FDA for labeling allergens, a major source of label recalls in the United States. Talk through implementation complexities, including adding sesame as a major allergen and the dilemmas around when to use precautionary allergen statements.

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Bioengineered Labeling (NBFDS) Update

Alexandria Fischer, Food Disclosure and Labeling Division, USDA AMS
Tracks: FDA, USDA 
With mandatory bioengineered disclosure now in place, industry has begun to standardize best practices for labeling. This session will cover any updates and nuances to the specifics of the new rule, the options for disclosing BE status and plans for USDA enforcement.

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California Proposition 12: Farm Animal Confinement

Amaru Sanchez, Wiley Rein LLP
Tracks: USDA, Marketing, Legal
Since coming into full effect in January, California's Proposition 12 has set the stage for significant change within the agricultural sector, establishing minimum space requirements based on square feet for breeding pigs, veal calves, and egg-laying hens and banning the sale of meat and eggs from those animals within California when they are raised in a way that does not comply with the minimum requirements. Explore the far-reaching effects of Prop 12 on the U.S. pork industry and provide actionable insights for producers navigating the challenges and opportunities presented by this and similar legislation across other states.

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Canadian Labeling

Linda Winget, NSF International
Tracks: Nutrition, Marketing
Understand new Canadian nutrition and ingredient labeling regulations and learn how they differ from labeling in the US, including the Front-of-Package symbol, Nutrition Facts Table and ingredient list formats, and allergen declarations. Discuss the subtleties of formulating products for Canada and some of the special issues that apply. Understand what resources are available to you to ensure your Canadian labels are compliant.

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Cannabis in Food: Regulatory Update

Jonathan Havens, Saul Ewing Arnstein & Lehr LLP
Tracks: FDA, Marketing, Legal 
Cannabidiol (CBD) remains in the news, especially since FDA's January 26th announcement that existing regulatory frameworks for foods and supplements are not appropriate for CBD, and that the FDA will work with Congress on a path forward.  Despite this, CBD and other cannabinoids continue to be used in foods and supplements. Find out why cannabinoid-infused products could hold both promise and peril, what we know about the science behind the hype, and what remains to be seen. Learn about the confusing legal and regulatory framework surrounding hemp-derived products, when and how the federal landscape in this area might change (including an update on the Farm Bill and its potential implications for the space), and the rules of the road about adding cannabinoids to food products.

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Child Nutrition (School Lunch) Labeling Overview

Patricia Phillips, Phillips Resources
Tracks: Nutrition, Marketing 
Join a leading expert in Child Nutrition labeling for an overview of program crediting and the application process. Discuss the 2024 Final Rule updating CN standards to reflect the 2020-2025 Dietary Guidelines. Explore how CN labeling works and discuss current trends and what's on the horizon. Learn about the Agricultural Marketing Service (AMS) quality control program and the CN label application process.

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Emerging Ingredients: Clean Label, Ultra Processed, Molecular Farming, Precision Fermentation

Kantha Shelke, Corvus Blue LLC
Tracks: Nutrition, FDA, USDA, Marketing
Clean label trends are back in focus for 2024. Growing consumer and media attention on ingredient safety and Ultra Processed Foods has driven extra attention to easy-to-understand ingredient statements and trustworthy labels. When it comes to meeting what consumers want, it is a lot easier said than done. This session will cover the technical realities associated with the concept of a “clean” label from an R&D and Regulatory perspective.

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FDA Updates: Healthy Claim and FOP Labeling

Mason Weeda & Kyla Kaplan, OFW Law
Tracks: Nutrition, FDA, Marketing, Legal
In September 2022 FDA proposed to update the definition of “healthy,” initially set in 1994. FDA found the current definition does not align with current nutrition science, federal dietary guidelines, and the updated nutrition facts label. Since 2021, FDA has been conducting consumer research on Front of Pack Labeling, which is an emerging international trend.  This session covers the proposed “healthy” rule, FDA research on a voluntary “healthy” symbol, and FDA’s research on a mandatory “front of pack” (FOP) labeling system.

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Flavor Labeling Trends

Lisa Cummins, McCormick Flavor Solutions | McCormick FONA
Tracks: FDA, USDA, Marketing
Flavor labeling tops the charts as one of the most common complicated aspects of product labeling. This session will cover flavor descriptors and the laws governing labeling and specific situations including food allergens, flavoring agents, ingredient classifications, flavor categories, organic, kosher and halal.

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Food Service Labeling

Teri Bello, Cargill Protein
Tracks: FDA, USDA
Products manufactured for Food Service - hotels, restaurants, and institutions - are not always subject to the same requirements as retail packaged labeling. Labeling for other not-for-retail items can also be a challenge due to limited regulatory information. With a scarcity of agency guidance, this session will review some regulatory requirements, but focus on industry expectations and best practices for HRI,  not-for-retail, and other retail distribution channels.

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FSIS New Ingredient and Technology Review

Office of Policy and Program Development, FSIS, USDA
Tracks: USDA
New technologies, such as novel ingredients, antimicrobials, and processing methods, must be determined to be safe and suitable for use in meat, poultry, and egg products. Join the FSIS Risk Management and Innovation Staff (RMIS) to learn the types of new technologies that require review, processes for preparing and submitting new technology notifications, and what to expect from the agency during the process.

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Legal Risks: Demand Letters and Litigation Trends

Ivan Wasserman, Amin Talati Wasserman
Tracks: FDA, Marketing, Legal
Plaintiff litigation and demand letters are becoming one of the primary risks to consider in developing product marketing strategies. Learn how to navigate the shark tank with this discussion of the current litigation landscape, how to best protect your company, and what to do if and when your product becomes a target.

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Made in the USA Claim

Emily Hendricks & Jesse Zuehlke, Prime Label Consultants
Tracks: USDA, Marketing
Discuss the newly released USDA final rule on the Made in the USA claim - its requirements and compliance implications. Delve into the updated FSIS guidance on label approval. Then switch jurisdictions to explore these claims on FDA-regulated products, navigating FTC guidance and regulation complexities.

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Managing the Supply Chain for Regulatory Compliance

Sheila Dy Juanco, Upside Foods
Tracks: FDA, USDA
The complex network that makes up our global supply chain for the food industry has been the focus of numerous challenges as well as media attention, especially over the past four years. During this session focused on best practices for regulatory compliance within our food and beverage supply chains, we will discuss supplier relationships, data consistency, coordination of vendors, ingredient substitutions, claims verification, information integrity, and more.

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Mandatory COOL Labeling

Sean Kenworthy, Food Disclosure and Labeling Division, USDA-AMS
Tracks: FDA, USDA, Marketing
Country of Origin Labeling is managed by the Food Disclosure and Labeling Division of AMS USDA, and required for retail labeling of a range of raw agricultural commodities. Learn how to determine if your products are covered and the labeling requirements, along with common FAQs to help fully implement your labeling strategy.

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Mexican Labeling

Phil Daniel, TechLink International
Tracks: Nutrition, Marketing
A critical session if you are exporting food to Mexico. TechLink will share their overview of the current NOM-051 food labeling standards, with a focus on the upcoming phase 3 requirements. Review general requirements, including front of package requirements, stop signs, nutritional panel calculations and more.

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Natural Labeling Complexities

Eve Pelonis, Keller and Heckman LLP
Tracks: FDA, USDA, Marketing, Legal 
The natural products market continues to grow in the US and around the globe. This session is critical to understand the ins and outs of Natural claims on labeling. Explore the differences between FDA and USDA definitions of “Natural”, and when the claim may present litigation risks. Discuss the impact on retail, restaurants and customer perception, and explore the pros and cons of this contentious claim, both on the package and in related advertising and marketing.

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NFP Calculations: Serving Sizes, DVs & Rounding Nuances

Fred Mosher & Michelle Liang, Prime Label Consultants
Tracks: Nutrition, FDA, USDA
Explore the integrity of the Nutrition Panel by understanding the differences between calculated and analytical methods of producing nutrient data. Discuss the various sources of nutrient data and how to apply them to determine serving size and daily values. Understand the nuances of FDA rounding rules. Includes a brief introduction to Prime Label’s EZ FormⓇ food labeling software.

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Nutrient Content Claims

Lisa Weller Ashton, Food Regulatory Consultant
Tracks: Nutrition, Marketing
Learn about FDA and USDA requirements for expressed and implied claims including common call-outs such as Low Calorie, Low Fat, No Added Sugar and High Protein. Explore relative claims and front of pack nutrient claims, and the subtleties of their different requirements.

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Online Food Labeling Workshop

Eva Greenthal, Center for Science in the Public Interest (CSPI)
Tracks: Nutrition, FDA, USDA, Marketing
Discuss the status of online food labeling and a draft online labeling bill with CSPI, an independent consumer advocacy organization. CSPI has been working with lawmakers, with consultation from FDA and industry stakeholders, to craft an e-commerce food labeling bill. This is a unique opportunity to propose modifications and give input on industry issues such as maintaining data accuracy, supply chain data handoff challenges, aligning product images with textual information, and liability.

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Organic Labeling Update and Q&A

Erin Healy, USDA AMS National Organic Program
Tracks: FDA, USDA, Marketing
Last year marks what many are calling the most significant new rulemaking from USDA on the Organic Program since its inception. Learn about recently-published rules, including Strengthening Organic Enforcement, and how the changes may impact your own organic operations and labels.

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Pet Food Label Modernization

Austin Therrell, The Association of American Feed Control Officials (AAFCO)
Tracks: FDA, USDA, Marketing
The Association of American Feed Control Officials (AAFCO) rolled out its newly revised Model Regulations for Pet Food and Specialty Pet Food in January 2024 with the goal of providing pet food labeling information that is transparent, easy to understand and in a format more familiar to consumers. Learn about the label changes, expectations and implementation timeline so you’re positioned to help educate your employees and customers about these new requirements.

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PFAS, Heavy Metals & Other Environmental Contaminants

Martha Marrapese, Wiley Rein LLP
Tracks: FDA, USDA, Legal
Contaminants may emanate from any direction. This presentation will focus on prevention, detection strategies, and best practices to avoid heavy metal contaminants from coming through unknowingly in imported ingredients.  We will also explore how packaging components and public water systems can add another complication to the mix, highlighting the breadth of PFAS contamination and its impact on litigation in the years ahead.  It is difficult to test for every conceivable contaminant. Those attending this session will come away with additional strategies for reducing liability and risks to the food supply.

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Plant-Based and Substitute Proteins: Naming and Regulatory

Brian P. Sylvester, Perkins Coie LLP
Tracks: FDA, Legal
As plant-based foods continue to gain ground in the U.S. marketplace, questions around lawful product naming and claims have captured the interest of FDA, stakeholders and Congress culminating most recently in FDA's publication of its Draft Guidance on Plant-Based Milk Alternatives last year, a particularly popular category of plant-based foods.  This year, we also anticipate that FDA will publish Draft Guidance on the Labeling of Plant-Based Alternatives to Animal-Derived Foods and that USDA-FSIS will publish a proposed rule on the Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells.  Today’s session will focus on FDA's Draft Guidance on Plant-Based Milk Alternatives, which provides the legal POV on insights not just for plant-based milks, but more broadly for understanding how both FDA and USDA will likely approach the issue of naming of plant-based alternatives and cultured meat, more generally.  We will also consider FDA’s draft guidance in the broader context of consumer scrutiny and litigation and share our views on best practices for managing risk for a range of plant-based foods and alternative protein products.

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Prebiotics, Probiotics & Functional Food Claims

Ralph Simmons, Foster Garvey PC
Tracks: Nutrition, FDA, Marketing, Legal
The categories of prebiotics, probiotics, and functional foods share an important characteristic for purposes of FDA labeling regulations – they have no definition. Foods with these ingredients and descriptions may be conventional foods, dietary supplements, drugs, or medical foods under FDA’s regulations. The regulatory category depends on the physical form of the product and, most importantly, the claims made for the product. This session will explore these different product and labeling categories and the applicable FDA labeling requirements.

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Preserving Food Integrity & Combating Food Fraud

Steven Gendel, Gendel Food Safety LLC
‍Tracks: FDA, USDA, Marketing
Food fraud - purposely altering, misrepresenting, mislabeling, substituting, or tampering with foods and ingredients anywhere along the agri-food supply chain - represents a serious threat to primary producers, manufacturers,  and consumers.  This session will cover how fraud occurs, talk about which foods are at greatest risk, and discuss ways that everyone in the industry can help prevent food fraud.

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Q&A on FDA Compliance

Lisa Weller Ashton, Food Regulatory Consultant
Tracks: Nutrition, FDA
Find out the answers to those nagging questions about your FDA labels. From product naming to claims and allergens, bring your specific questions to be answered by a PLC Independent Consultant.

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Q&A on USDA Compliance

Emily Hendricks, Prime Label Consultants
Tracks: Nutrition, USDA
Explore the ins and outs of USDA labeling - such as product names and qualifiers; undefined RACC and nutrient claims; negative, uncured, organic and natural claims. Bring your specific questions on the subtleties of labeling to our industry and PLC experts.

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Sustainability & Environmental Marketing Claims

Sam Jockel & Rachel Lowe, Alston & Bird
Tracks: FDA, USDA, Marketing, Legal
Environmental claims are now ubiquitous in the marketplace and we’ve all seen a marked increase in litigation.  Marketers are facing risk from regulators, NGOs, consumer class action attorneys, and competitors, even when they have vetted their sustainability-related product labeling and advertising.  Marketers are also bracing for an update to FTC’s Green Guides governing environmental marketing claims.  This session will cover regulatory and litigation developments, including recent court rulings and provide insights on risk mitigation.

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USDA Animal Production, Raising & Grading Claims

Emily Hendricks, Prime Label Consultants
Tracks: USDA, Marketing
‍Discuss the complexity of Animal Production and Breed Raising claims such as Cage-Free Poultry, Free-Range, No Added Hormones or Antibiotics, Humanely Raised, Certified Angus and others. Find out the latest in USDA grading claims.

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USDA Generic Approval

Celia Yau & Kirby Ham, Prime Label Consultants
Tracks: USDA
Find out the latest enforcement priorities, requirements and best practices for the expanded generic rule. Explore generic eligibility and compliance, and discuss enforcement subtleties. Understand what you need to do to keep thorough records and discuss strategies to reduce risk.

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USDA Nutrition Data: FoodData Central

Kyle McKillop, Food for Health of People and the Environment Lab, USDA
Tracks: Nutrition, FDA, USDA
Hear from USDA to better understand USDA FoodData Central. In 2019 USDA instituted the most significant changes to 35 years of content in the Standard Reference nutrition libraries. Learn about the structure, partner industry data, and how to use this public database.