Advanced Summit on Food Law & Regulation Canada - WEB

In-House Counsel & Executives!

Advanced Summit on Food Law & Regulation Canada

October 4–5, 2023

Sandman Signature Mississauga Hotel

Mississauga, ON

Distinguished Co-Chairs:

Fireside Chat with Health Canada and FHCP

David K. Lee

Chief Regulatory Officer, Health Products & Food Branch Health Canada

In-House Insights from:

y Ferrero Canada Ltd

y Kellogg Canada Inc

y The Kraft Heinz Company

y The J.M. Smucker Company (Smucker Foods of Canada Corp.)

y Maple Leaf Foods

y Nestle Health Science

y Perfect Day

Insightful Sessions on:

ą Front of Package Labelling

ą ESG related Strategies

ą Food Advertising to Children

ą Novel Food and Beverage Products

ą Cross Border Challenges

Michi Furuya Chang

Senior Vice President, Public Policy & Regulatory Affairs Food, Health & Consumer Products of Canada (FHCP)

Associate Sponsor

Moderator: Day 1 Luncheon Sponsor

Suzanne Hathaway Senior Vice President, General Counsel Maple Leaf Foods

Lewis Retik Partner & Leader, Food and Beverage Group Gowling WLG

Carmen Francis Partner McCarthy Tétrault LLP

In the last decade, there have been major legal and regulatory developments impacting food and beverages in Canada. From the Safe Food for Canadians Act to labeling changes to supplemented foods to ESG concerns and new advertising restrictions to children — there is no shortage of legal and regulatory challenges.

These challenges also cross the border as U.S. food and beverage manufacturers need a strong working knowledge of these developments to service and do business with their Canadian affiliates. As such, the need for this conference for North America food and beverage manufacturers has never been greater.

Analyze the ever-evolving developments on food and beverage labelling

Last year, Health Canada published amendments to the Food and Drug Regulations that affect front of package (FOP) labelling. Packaged products that meet or exceed prescribed limits for saturated fat, sodium and/or sugar are now required to put a FOP nutrition symbol on the front label of their packages. It is crucial for manufacturers to understand what the threshold requirements are, learn strategies to amend their FOP label accordingly, and understand the penalties for non-compliance. Join our stellar faculty as they provide you with the crucial tools to get your product to market efficiently.

The release of New Restrictions on Advertising to Children will affect how your products are marketed

This past spring Ad Standards and Health Canada released new guidance and policy updates on food advertising to children. Both Ad Standards Code for the Responsible Advertising of Food and Beverage Products to Children and Health Canada’s policy update place significant restrictions on advertising food and beverage products with excess sugar, fats, and sodium to children under 13 years of age. As such, it is more crucial than ever before for food and beverage industry professionals to develop new strategies to compliantly market their products to children. Attend this event and learn about the new limitations and avoid the penalties of non-compliance.

ESG considerations are having profound effect on the food and beverage industry

Like many industries, the food and beverage industry continues to develop new methods for procurement, production, and packaging to help facilitate environmental and social awareness. As more food and beverage companies adopt ESG frameworks, consumers and shareholders alike are scrutinizing environmental, social, and governance policies to ensure compliance with these concerns and considerations. New regulations on single-use plastics and recycling also place food and beverage packaging into the carbon reduction spotlight with the goal of net zero. Join us for in-depth discussions and analyses of ESG obligations and considerations for the food and beverage industry.

The on-going innovation of novel foods raises a host of anticipated questions within the food and beverage industry

The growing numbers of novel foods is at an all-time high. Plant based foods are becoming more mainstream and cell cultivated foods are now anticipated to enter the food supply. As such, it is crucial for food and beverage companies to have a thorough understanding of these products as they will inevitably change the future of the food and beverage industry.

This is the food law and regulation event for North America

Join us in the Greater Toronto Area this fall and learn from the masters of Canadian Food Law and Regulation. Attend to obtain the tools and techniques you need to meet the legal and regulatory challenges that the food industry is now facing as well as anticipating in Canada. Register today for Canada’s most comprehensive legal and regulatory food law conference, where top minds convene to network and engage in thought-provoking discussions.

The Canadian Institute is pleased to present its inaugural Advanced Summit on Food Law and Regulation – Canada.

Distinguished Faculty

CO-CHAIRS:

Carmen Francis Partner McCarthy Tétrault LLP

GOVERNMENT SPEAKER:

Jay M. Holmes Director, Consumer Protection and Market Fairness Division Canadian Food Inspection Agency (CFIA)

Suzanne Hathaway Senior Vice President, General Counsel Maple Leaf Foods

David K. Lee Chief Regulatory Officer, Health Products & Food Branch Health Canada

KEY ASSOCIATIONS AND CONSUMER ADVOCACY GROUPS

Michi Furuya Chang Senior Vice President, Public Policy & Regulatory Affairs Food, Health & Consumer Products of Canada (FHCP)

Catherine Bate President & Chief Executive Officer Ad Standards Canada

IN-HOUSE COUNSEL AND REGULATORY EXECUTIVES:

Susan Blum Senior Attorney Cargill

John Cappuccitti Co-Founder Evolved Meats

Lauren Cozens Senior ManagerLabeling Canada & Coffee The Kraft Heinz Company

George Ellinidis Vice President and General Counsel – International The J.M. Smucker Company (Smucker Foods of Canada Corp.)

LAW FIRMS AND ESTEEMED SPEAKERS:

Martha Carman Principal Carman Consulting Inc.

Scott Exner Partner MLT Aikins LLP

Stan Farber Retired Senior Counsel Canadian Food Inspection Agency (CFIA)

Brian Fraser Principal Brian Fraser Law

Pamela MacDonald Senior Director, Ontario Operations Canadian Food Inspection Agency (CFIA)

Lewis Retik Partner & Leader, Food and Beverage Group Gowling WLG

Stephen Norman Director, Bureau of Nutritional Sciences Health Canada

Michael Graydon Chief Executive Officer Food, Health & Consumer Products of Canada

Angela Giancaterini Senior Corporate Counsel, Advertising and Marketing Kellogg Canada Inc.

Adam Grogan President, Greenleaf Foods and President, Alternative Proteins Maple Leaf Foods (Mississauga, ON)

Allen Langdon CEO Circular Materials

Laura Gomez Partner Gowling WLG

Glenford Jameson Lawyer/Principal G.S. Jameson & Company

Dara Jospé Partner Fasken Martineau DuMoulin LLP

Craig Lockwood Partner, Litigation Osler, Hoskin & Harcourt LLP

Julia Loney Partner McMillan LLP

Chandimal Nicholas Partner Cassels Brock & Blackwell LLP

Amy Pressman Partner DLA Piper LLP

Jaclyne Reive Partner Miller Thomson LLP

Shelley Samel Chief Legal Officer Ad Standards Canada

Spir Marinakis Vice President, Food Safety, Quality Assurance, Technical Srvs & Sanitation Maple Leaf Foods

Marisa Muchnik General Counsel Ferrero Canada Ltd.

Tony Pavel Deputy General Counsel, Global Food Law Perfect Day

Jacintha Roberts Director, Regulatory Affairs Nestle Health Science

Julia Schatz Partner Bennett Jones LLP

Randy Sutton Partner Norton Rose Fulbright LLP

Laura Weinrib Partner Blakes, Cassels & Graydon LLP

George Wray Partner Borden Ladner Gervais LLP

MAIN CONFERENCE DAY ONE

October 4, 2023

7:30am Continental Networking Breakfast and Registration

8:30am

Co-Chairs’ Welcome Remarks

microphone-alt Suzanne Hathaway, Senior Vice President, General Counsel, Maple Leaf Foods

Carmen Francis, Partner, McCarthy Tetrault LLP

Lewis Retik, Partner & Leader, Food and Beverage Group, Gowling WLG

8:45am

The True North Update: Key Legal Developments and Trends Impacting Food Law and Regulation in Canada

microphone-alt Suzanne Hathaway, Senior Vice President, General Counsel, Maple Leaf Foods

Carmen Francis, Partner, McCarthy Tetrault LLP

Lewis Retik, Partner & Leader, Food and Beverage Group, Gowling WLG

10:15am Morning Refreshment Break

10:30am

Fireside Chat with Health Canada and FHCP

Moderator: Michi Furuya Chang, Senior Vice President, Public Policy & Regulatory Affairs, Food, Health & Consumer Products of Canada (FHCP)

microphone-alt David K. Lee, Chief Regulatory Officer, Health Products & Food Branch, Health Canada

Stephen Norman, Director, Bureau of Nutritional Sciences, Health Canada

Jay M. Holmes, Director, Consumer Protection and Market Fairness Division, Canadian Food Inspection Agency (CFIA)

Join us for this highly anticipated discussion with Health Canada and FHCP about current and anticipated legal and regulatory developments affecting Canada’s food and beverage industry. Come prepared with your most pressing questions as we will also allot time for Q&A.

11:15am  MOCK SCENARIO

How to Bring a Supplemented Food to Market: Best Practices for Ensuring Your Product Complies with All Legal and Regulatory Requirements for Successful Market Entry

9:15am

In-House Think Tank on Cross-Border Challenges: What Can We Learn From Each Other

microphone-alt Tony Pavel, Deputy General Counsel, Global Food Law, Perfect Day

Craig Lockwood, Partner, Litigation, Osler, Hoskin & Harcourt LLP

• Understanding the complex food laws that vary between Canada and the US

• Analyzing the process of selling your product across the border

• Discovering the differences in packaging and labelling of products in Canada and the US

• Outlining the challenges of tracing products and using international ingredients

WHO YOU WILL MEET

Food and Beverage Industry:

In-House Counsel with Responsibilities for Corporate Law, Litigation, Regulation, Advertising and Promotion

Compliance and Government Affairs Officers and Executives

Safety and Quality Officers and Managers

Nutrition and Labelling Directors and Executives

Regulatory Affairs Officers and Executives

S S

In the last few years, there have been major legal and regulatory developments affecting the Canadian food industry. From the passage and implementation of the Safe Food for Canadians Act to the effects of the pandemic to new food classifications, and novel food products such as cell-cultivated meats. Join our chairs for this crucial legal and regulatory food industry update.

microphone-alt Amy Pressman, Partner, DLA Piper LLP

Jacintha Roberts, Director, Regulatory Affairs, Nestle Health Science

In the summer of 2022, the Federal Government amended the Food and Drug Regulations to introduce a new category of food—supplemented food. This session will provide a comprehensive, in-depth discussion of the relevant legal, regulatory, and compliance considerations for bringing a supplemented food or beverage product to market in Canada. Session leaders will guide you through Health Canada’s guidelines for these products and pre and post commercialization concerns to achieve successful market entry.

• Defining supplemented foods or beverages

• Understanding the regulatory framework for supplemented foods

• Distinguishing supplemented foods from fortified foods and natural health products

• Determining if your food product falls under the list of permitted supplemented food categories and understanding applicable restrictions on these products

• Ensuring compliance with the Supplemented Food facts table

Law Firm Attorneys for Food and Beverage Industry whose Practices Focus on:

Food Law

Advertising and Promotion Litigation

• Establishing protocols for production and commercialization of supplemented food and beverages

• Examining advertising and promotional guidance for the marketing of supplemented food products

12:15pm Networking Luncheon

Sponsored by:

FOCUS on Labelling

1:15pm

PART I Don’t Look Back! Simplifying the New Regulations for Front of Package Nutrition Symbol Labelling

microphone-alt Marisa Muchnik, General Counsel, Ferrero Canada Ltd.

Martha Carman, Principal, Carman Consulting Inc.

FOCUS on ESG

3:15pm

A Deep-Dive into ESG Obligations for the Food Industry under Canadian Law

microphone-alt Scott Exner, Partner, MLT Aikins LLP

Julia Loney, Partner, McMillan LLP

• Understanding the evolving international ESG trends and implications for Canada

• Assessing how governments, securities commissions and standard boards regulate ESG matters

• Exploring existing ESG requirements and what new changes are expected

• Devising best practices and considerations for Boards and management on ESG requirements

4:00pm

• Understanding what Front of Package (FOP) labelling and how it affects product labels and marketing of products regarding added saturated fats, sugars, and sodium

• Analyzing Health Canada’s newest requirements surrounding Front of Package Labelling

» What is required to be on the front of food packages

» FOP nutrition symbols

» Impact on what marketing claims can be made and how they are made

• Discovering the consequences and penalties for non-compliance by January 1, 2026

• Considerations and challenges these new regulations pose to the food and beverage industry

2:00pm

PART II Dissecting Additional New Packaging and Labelling Requirements for Canadian Food and Beverage Products

S S

microphone-alt Chandimal Nicholas, Partner, Cassels Brock & Blackwell LLP

Jaclyne Reive, Partner, Miller Thomson LLP

Parlez Vous en Français?: Focus on French Language Requirements

• Identifying the Bilingual language requirements

» Forecasting the new trademark guidelines to translate trademark names in French

Food Allergen Labelling Update

• Outlining the requirements of food allergens on labels

» Where can these be place on a label

» What specific allergies require warnings

» Determining what sufficient substantiation requirements are needed for food allergy claims

U.S. Comparison Study

• Distinguishing packaging requirement in Canada versus in the US

» Is there a common ground to harmonize packaging for both sides of the border?

• Analyzing the new trademark labelling requirements and how this will affect your packaging

3:00pm Afternoon Refreshment Break

ESG Meets Packaging: Understanding Sustainability Challenges Surrounding the Packaging of Food and Beverages

microphone-alt George Wray, Partner, Borden Ladner Gervais LLP

Allen Langdon, CEO, Circular Materials

• Exploring the requirements of the composability of food packaging

» What are the regulatory guidelines

• Analyzing the restrictions around single use plastics for packaging

• Understanding various food and beverage packages and their recyclability

• Analyzing how price inevitably affects packaging and your environmental footprint

• Determining the best practices to minimize costs and increase decomposability of packaging for your products.

4:45pm  MOCK SCENARIO

Recall Management: How to Effectively Oversee a Recall and Manage the Fallout

microphone-alt Spir Marinakis, Vice President, Food Safety, Quality Assurance, Technical Srvs & Sanitation, Maple Leaf Foods

Laura Gomez, Partner, Gowling WLG

In this mock recall scenario, our panelists will walk you through the execution of a recall from start to finish. Our speakers will provide best practices and help you establish a recall-ready blueprint for not only efficiently and quickly executing a recall, but for also addressing any public relations crisis which may ensue.

• Devising a blueprint on how to effectively remove products from the marketplace once a defect is discovered – making the decision when and how to recall

• Identifying and correcting regulatory and compliance mishaps that led to the recall

• Maintaining documentation during a recall in anticipation of litigation that may result from the recall

• Developing crisis management strategies to address recall fallout and win back consumer confidence

5:45pm Day One Adjourns

MAIN CONFERENCE DAY TWO

October 5, 2023

7:30am Continental Networking Breakfast and Registration

8:10am

Co-Chairs’ Opening Remarks and Recap of Day 1

microphone-alt Suzanne Hathaway, Senior Vice President, General Counsel, Maple Leaf Foods

Carmen Francis, Partner, McCarthy Tetrault LLP

Lewis Retik, Partner & Leader, Food and Beverage Group, Gowling WLG

8:15am

Status Report on the Grocery Code of Conduct

microphone-alt George Ellinidis, Vice President and General Counsel –International, The J.M. Smucker Company (Smucker Foods of Canada Corp.)

Michael Graydon, Chief Executive Officer, Food, Health & Consumer Products of Canada

Canada is on its way to establishing a Grocery Code of Conduct affecting retailers and manufacturers. This panel will address up to the minute developments in bringing this code to reality.

• Analyzing the Canada’s new proposed Grocery Code of Conduct rules

• Exploring the perceived imbalances of food producers versus grocers and how the Code would work to balance the playing field and create better relationships between these groups

• Examining how the new Code will affect supply chain

» What does this mean for manufacturers?

• Determining retailer fees under the Code

• Developing strategies to achieve the goal of fairness and competitive pricing

• Understanding the Code’s process for dispute resolution

• Identifying the penalties for violation

» Remediation

9:00am

FOCUS on Novel Foods

10:00am

Anticipating the Legal and Regulatory Framework for Cell-Cultivated Products

microphone-alt John Cappuccitti, Co-Founder, Evolved Meats

• Exploring the science behind cell-cultivated meats

» What is cell-cultivated meat

» What types are there

• Understanding the regulatory and legal limitations when bringing cell-cultivate meats to the market

• Evaluating misbranding and misrepresentation challenges

10:45am Morning Refreshment Break

FOCUS on Advertising

11:00am

PART I Yummy in My Tummy: Exploring New Guidance for Advertising of Food and Beverages to Children

microphone-alt Catherine Bate, President & Chief Executive Officer, Ad Standards Canada

Angela Giancaterini, Senior Corporate Counsel, Advertising and Marketing, Kellogg Canada Inc.

Laura Weinrib, Partner, Blakes, Cassels & Graydon LLP

• Examining the new guidelines set out by Health Canada surrounding advertising to children

» Distinguishing Quebec’s Advertising to Children laws from the guidelines

» Learning what the age limits are, what kinds of food and beverage products are affected by this, etc.

• Examining Ad Standards Code for the Responsible Advertising of Food and Beverage Products to Children

• Understanding the new limitations imposed on your products by the Code and guidance

• Assessing the penalties for non-compliance and remediation strategies

• Developing strategies to promote your product to children without running afoul of the new regulations

12:00pm

PART II What Am I? A Guide to Understanding Standard of Identity Claims and Challenges in Food Advertising

The Dawning of the Age of Plant-Based Foods

and Beverages: What Every Canadian Food Lawyer and Executive Needs to Know

microphone-alt Adam Grogan, President, Greenleaf Foods and President, Alternative Proteins, Maple Leaf Foods (Mississauga, ON)

Dara Jospé, Partner, Fasken Martineau DuMoulin LLP

• Understanding the creation of plant-based food products

• Identifying the regulatory procedures when bringing a plant-based product to market

• Understanding the licenses and substantiation required to prove your product is Plant-Based

» What are the requirements to claim your product is plant-based

• Evaluating claims within plant-based products

» “Plant-Based beverage” versus using the word “milk”

» Imitation meat versus plant-based meats

• Analyzing misrepresentation and misbranding challenges surrounding plant-based products

microphone-alt Brian Fraser, Principal, Brian Fraser Law

Shelley Samel, Chief Legal Officer, Ad Standards Canada

• Outlining the procedural requirements when making claims for your products

• Analyzing the common claim challenges of identity

» What does it mean to be organic

ƒ Reviewing new guidelines outset by Health Canada

» What does it mean to be natural

» When can I use the word “milk” when naming products

• Determining the necessary substantiation needed when making identity claims for your products

• Understanding how these challenges inevitably affect regulatory processes

• Reviewing past and current litigation surrounding mistaken identity claims

From the Canadian Side:

1:45pm

Fireside Chat with CFIA

microphone-alt Jay M. Holmes, Director, Consumer Protection and Market Fairness Division, Canadian Food Inspection Agency (CFIA)

Pamela MacDonald, Senior Director, Ontario Operations, Canadian Food Inspection Agency (CFIA)

Join us for this highly anticipated discussion with CFIA about the key elements that the Agency looks for during an inspection as well as the latest developments within the Agency. Come prepared with your most pressing questions as we will also allot time for Q&A.

2:30pm  MOCK SCENARIO

What to Do When the CFIA Comes Knocking!

microphone-alt Glenford Jameson, Lawyer/Principal, G.S. Jameson & Company

Stan Farber, Retired Senior Counsel, Canadian Food Inspection Agency (CFIA)

• Understanding the regulatory enforcement powers of CFIA

• Discovering the red flags that the CFIA looks for and what triggers investigation

• Distinguishing when the CFIA conducts an “inspection” versus “investigation” and what it means

• Developing strategies and breaking down the procedural steps to rectify your product back to market

• Outlining what penalties, if any, can result

3:15pm Afternoon Refreshment Break

3:30pm

S S S

Cross-Border Trade: Understanding Import and Export Regulations for Getting Your Product Across the Border

microphone-alt Lauren Cozens, Senior Manager - Labeling Canada & Coffee, The Kraft Heinz Company

Susan Blum, Senior Attorney, Cargill

As manufacturers of food and beverage products continuously look to expand their marketplace, this session will dive into the exact requirements and licenses needed for a US food product to enter the Canadian food marketplace and what is required for a Canadian food product to enter the US food marketplace.

From the US Side:

• Analyzing the procedures and licenses required to bring a US food product into the Canadian marketplace

» Understanding the governing agencies involved

ƒ CFIA

ƒ CBSA

» Developing a thorough checklist of what if required for import

» Reviewing the specific Canadian food laws applicable to the product being imported

• Analyzing the procedures and licenses required to bring a Canadian food product into the US marketplace

» Understanding the governing agencies involved

ƒ FDA

ƒ U.S. CBP

» Developing a thorough checklist of what if required for import

» Reviewing the specific US food laws applicable to the product being imported

4:30pm

Exploring the Intersection of PFAS and Food Safety

microphone-alt Julia Schatz, Partner, Bennett Jones LLP

• What are PFAS chemicals and why are they in our food chain?

• Assessing the long term impact of PFAS and other chemicals commonly used in food packaging

» What are the limited amounts of PFAS in Canada

» What are the benefits and consequences of the use of these “forever chemicals”

• Understanding the regulatory requirements when PFAS chemicals are used in packaging

• Forecasting whether Health Canada will address PFAS as its own class of chemicals

• Identifying the food safety risks of PFAS chemicals

• Examining what other alternate materials can be used for packaging to reduce the exposure of PFAS chemicals in food and beverage products

5:15pm

Food Litigation Year in Review: Analyzing Class Action Claims Affecting the Food and Beverage Industry

microphone-alt Randy Sutton, Partner, Norton Rose Fulbright LLP

Class actions in Canada are growing, and the food industry is feeling this growing trend. In this closing session, our speakers will provide an in-depth review of current Class Action trends affecting the food and beverage industry — from misleading advertising claims, recall claims, and personal injury to everything in between. Points of discussion will include:

• Examining class action litigation trends in Canada affecting the food and beverage industry

• Exploring notable class actions and key decisions affecting the food and beverage industry

» Keurig Canada v. Competition Bureau (K-Cups)

» Canada Beef Price Fixing

• Comparing U.S. class actions in this space to those in Canada ƒ Is Canada becoming a more litigious country?

6:00pm Day Two Adjourns. End of Conference

MEDIA PARTNERS:

Sandman Signature Mississauga Hotel

5400 Dixie Rd, Mississauga, ON L4W 4T4

Phone: (905) 238-0159

LEGAL ACCREDITATION

This 2-day conference program can be applied towards 9 of the 9 substantive hours of annual Continuing Professional Development (CPD) required by the Law Society of Ontario.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

The same number of hours may be applied toward your continuing legal education requirements in British Columbia.

The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.

Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

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