Nutrition Law Symposium

Join us for the 19th Annual Nutrition Law Symposium-- the Premier event for legal teams in the Nutrition Industry!

8:00-8:30 am: Check-in/Breakfast

8:30-9:30 am: FDA Hot Topics

Presented by Riette van Laack, Hyman Phelps McNamara

This presentation will focus on developments at FDA relevant to the regulation of dietary supplements, including the recent launch of the Unified Human Foods Program, FDA’s publication of guidances related to new dietary ingredient notifications (NDIN), FDA’s interpretation of the exclusionary clause, and updates to FDA’s dietary supplement advisory list.

9:30-9:40 am: Break

9:40-10:40 am: Making Claims in the Digital Age: FTC Regulation of Customer Reviews and Social Media Advertising

Presented by Justin Prochnow, Greenberg Traurig

In this session, Justin will discuss the FTC’s role of enforcing the FTC Act and the legal advertising of dietary supplement, food, beverage, and cosmetic product. He will discuss the FTC’s Guides on Endorsements and Testimonials and the FTC’s recent Final Rule regarding Customer Reviews and Testimonials. Justin will also discuss best practices for advertising on Social Media and other platforms, including disclosures of material connections and other requirements to legally advertise products online.

10:40-10:50 am: Break

10:50-11:50 am: Loper Bright Enterprises v. Raimondo:  Have the FDA and FTC’s Wings Been Clipped?

Presented by Nabil Rodriguez and Alex Pierce, Holland & Hart

On June 28th of this year, the U.S. Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo overturning its 1984 decision, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. In 1984, the Supreme Court’s decision in Chevron was thought by most lawyers to be a nothing burger dealing with an obscure question of administrative law. The Chevron decision held that any challenge by a private entity to the legal authority of a federal agency to engage in a particular action (including rulemaking and enforcement actions) must be analyzed by asking, “Is the agency’s action based on a permissible construction of the statute?” In making that determination, courts were required to defer to the agency’s interpretation of its own authority if the statute was unclear. This became known as “Chevron Deference,” and to everyone’s surprise, it became the Supreme Court’s most frequently cited ruling on administrative law. But four months ago, the Supreme Court reversed itself in Loper, holding that while federal agencies may be experts in the stuff they regulate, they are not experts in deciding whether they have the legal authority to regulate that stuff in the first place. For the better part of forty years, federal agencies basically were free to do whatever they wanted as long as what they did seemed reasonable – with the agencies determining the reasonableness. But now, federal agencies have had that freedom restricted. When challenged in court, it is the judge who determines on their own whether the federal statute relied on by the agency actually allows the agency to take the challenged action. This session explores how the Loper decision may impact the actions of the agencies with which we deal: FDA and FTC.

11:50-12:50 pm: Lunch

12:50-1:50 pm: Aggressively Litigating the Consumer Class Action in the Nutrition Space: A Litigation Roundup

Presented by William Cole and Matt Orr, Amin Wasserman Gurnani

William Cole and Matt Orr will discuss aggressive defense tactics for defending certain threatened and filed consumer class actions. They will also discuss the latest and most common consumer claims they are seeing in the nutrition space.  

1:50-2:00 pm: Break

2:00-3:00: Trademarks 101 for Marketing Staff

Presented by Kenneth Horton, Barnes & Thornburg

In-House counsel and marketing staff are often at odds about trademarks, how to choose them, how to protect them, and how to enforce them.  This presentation will provide in-house counsel with a toolkit to help them when working with marketing staff.  The toolkit will contain tools to help marketing staff (i) understand trademarks from a legal perspective and (ii) understand why there is often a divide between the legal staff and the marketing staff when trademarks are involved.

3:00-4:00 pm: Navigating Rights of Publicity, Generative AI, and Name/Likeness in Modern Marketing

Presented by Nathan Archibald, Quinn Emanuel

We’ll cover -- the origins of and evolving right to publicity; recent publicity rights court decisions; the problems of deep fakes and AI marketing, current and proposed state and federal legislation; and the developing landscape of student athlete NIL rights and marketing.

4:00 Closing Remarks

Webinar available for out of state members*