Substantiation of Food Marketing Claims: FDA and FTC Requirements

Why Should You Attend:

Marketing claims for foods and supplements have increased in recent years, as have challenges from regulatory agencies, public prosecutors, industry self-regulatory organizations, and private plaintiffs (class actions). But even if claims are worded properly, a lack of adequate substantiation, on a product-by-product basis, can result in significant liability.

This webinar will focus on the nature and degree of substantiation necessary to support food marketing claims, including health-related benefits and comparisons to competitors’ products. Best practices, legal developments, and defenses will also be covered.

In order to effectively manage risk, proposed marketing claims should be evaluated at an early stage, so that changes can be made if there are problems with substantiation.

Areas Covered in the Webinar:

• FDA requirements for substantiating labeling claims
• FTC requirements for substantiating advertising claims
• NAD standards
• Overview of state consumer protection laws
• Case law trends
• Risk assessments for substantiation of claims

Who will Benefit:

• Executives of food and dietary supplement companies
• Regulatory Affairs professionals
• Legal Counsel for food and dietary supplement companies
• Marketing Managers
• Research and Development scientists

Instructor Profile:

Leslie T.Krasny, is a partner in the law firm of Keller and Heckman LLP, and manages the San Francisco office. She practices regulatory law, focusing on food and dietary supplements. Her areas of expertise include safety, labeling, advertising, recalls, inspections, ingredient evaluation, claim substantiation, Proposition 65, and biotechnology. Her clients include growers, manufacturers, distributors, importers, retailers, food service chains and trade associations, and she serves as General Counsel to the Produce Marketing Association. She is a frequent speaker and writer on food law issues, serves on the Food and Drug Law Institute’s Board of Directors and its Food and Dietary Supplements Committee, and is a member of the Editorial Advisory Board of Food Processing Magazine.

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