ACI's 9th Advanced Summit on Food Law Regulation, Compliance and Litigation - WEB

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ACI’s 9th Advanced Summit on

Food Law

April 29 – 30, 2025

Embassy Suites by Hilton Chicago Downtown Magnificent Mile, Chicago, IL

Miriam Guggenheim Partner Covington & Burling LLP

In-House Insights from:

• Archer-Daniels-Midland Company (ADM)

• Lindt & Sprüngli

• Mars

• Bush Brothers & Company

• ButcherBox

• Ferrero

• Gerber

• Kellanova

• The Hershey Company

• The Kraft Heinz Company

• Lactalis USA

Distinguished Co-Chairs

Kelly Laudon Director Assistant General Counsel – Regulatory The Hershey Company

Session Highlights for 2025

CHEVRON-RIGHT Post-Election Debrief for the Food Industry

Sharon Mayl Partner DLA Piper

CHEVRON-RIGHT Status Report on the New Human Foods Program (HFP)

• Nestlé

• PepsiCo

• Post Consumer Brands

• Sabra Dipping Company

• Sargento Foods, Inc.

• Southeastern Grocers

• Sunsweet Growers Inc.

• US Foods

• Whole Foods Market

Associate Sponsors

CHEVRON-RIGHT Unpacking Ultra-processed Food and the Impact of Martinez v. Kraft Heinz

CHEVRON-RIGHT Roadmap to GRAS Reform

CHEVRON-RIGHT Dissecting the Latest Labeling Regulations Front-of-Pack, “Healthy”, and Allergen Labeling

CHEVRON-RIGHT Cracking Down on Contaminants PFAS, Heavy Metals, Pesticides, and Food Dyes

CHEVRON-RIGHT Class Action and Prop 65 Litigation Trends

CHEVRON-RIGHT Crisis Management and Communication: The Dos and Don’ts of a Food Recall

Premium Exhibitor Conference Sponsor

Register today for the food industry's most comprehensive legal, regulatory, and compliance event of the year.

ACI’s 9th Annual Advanced Summit on Food Law Regulation, Compliance, and Litigation is a must-attend event for lawyers and regulatory professionals in the food industry. With a new administration and leadership changes at the FDA and USDA, this summit is designed to provide practical strategies that address emerging risks and best practices for navigating a new and uncertain regulatory environment, ensuring your compliance and competitiveness.

Join top in-house counsel from major food manufacturers and leading law firm attorneys to gain invaluable insights into the evolving complexities of food law, regulation, and compliance through meaningful discussions on:

CHEVRON-RIGHT Navigating the Uncertainty of a New Administration’s Politics and Policies: As the Trump 2.0 administration takes shape, learn how shifts in regulations— from food safety to labeling requirements and trade tariffs—will impact the food industry.

CHEVRON-RIGHT The FDA’s Human Food Program (HFP): Delve into the FDA’s modernized approach to food safety, with a focus on proactive, data-driven risk management, enhanced documentation, and compliance strategies for 2025.

CHEVRON-RIGHT Ultra-Processed Food (UFP): Explore how food manufacturers can prepare for the increasing regulatory and consumer focus on UFPs, from reformulation to addressing potential legal risks related to health claims.

CHEVRON-RIGHT Labeling Regulations: Discover best practices for preparing for new industry compliance standards regarding Front-of-Pack, “Healthy,” and allergen labeling, including how to implement robust label review systems to mitigate non-compliance risks.

This summit will equip you with the tools, strategies, and professional connections necessary to navigate today’s food law challenges and strengthen your position in the industry. Register now to secure your spot and gain access to the latest insights and expertise!

FEATURED SPEAKERS

Samantha Dietel Legal Counsel, Food Law and Regulatory Nestlé

Cindy Kruger Chief Counsel, Food Safety & Regulatory

PepsiCo

John Luedke

General Counsel, Global Food Law

Mars

Jessica Haefele

Head Legal, Lindt, Ghirardelli, and Russell Stover Chocolates Lindt & Sprüngli

Kelly Foos Associate General Counsel Post Consumer Brands

Kelly Laudon Director Assistant General Counsel – Regulatory The Hershey Company

Wendy Fiel Chief Legal Officer Sabra Dipping Company

Cynthia Gibson

General Counsel

Bush Brothers & Company

Distinguished Faculty

CO-CHAIRS

Miriam Guggenheim Partner Covington & Burling LLP

Kelly Laudon Director Assistant General Counsel – Regulatory The Hershey Company

Sharon Mayl Partner

DLA Piper

INDUSTRY SPEAKERS & THOUGHTLEADERS

Cynthia Gibson SVP and General Counsel Bush Brothers & Company

Lina Ahumada Head of Legal & Government Affairs The Kraft Heinz Company

Leigh Barcham

Assistant General Counsel – Product Regulatory & Government Affairs US Foods

Ebru Basaran-Shull EVP – Ethics & Compliance Sargento Foods, Inc.

Anna Townsend Burner, Ph.D. Food Safety Scientist Fresh Del Monte

Mara Burr Vice President, Regulatory & Technical Affairs Consumer Brands Association

Melissa Card-Abela Senior Regulatory Counsel Whole Foods Market

Samantha Dietle Legal Counsel, Food Law and Regulatory Nestlé

Emily Dillingham Corporate Counsel, Litigation & Regulatory Kellanova

Wendy Fiel Chief Legal Officer Sabra Dipping Company

Kelly Foos

Associate General Counsel Post Consumer Brands

William Frazier Attorney,

National Advertising Division BBB National Programs

Sandy Grimm Chief Legal Officer and Secretary Southeastern Grocers

Jessica Haefele

Head Legal, Lindt, Ghirardelli, and Russell Stover Chocolates Lindt & Sprüngli

Barbara Kowalcyk Director, Institute for Food Safety and Nutrition Security George Washington University

Cindy Kruger

Chief Counsel, Food Safety & Regulatory PepsiCo

Danielle Lemack

Assistant General Counsel and Vice President HP Hood LLC

Mark Leonard General Counsel Sunsweet Growers Inc.

John Luedke

General Counsel, Global Food Law Mars

Emily Lyons

Senior Counsel, Food Safety & Quality Regulatory Archer-Daniels-Midland Company (ADM)

Steven Mandernach Executive Director Association of Food and Drug Officials

Alyse Mauro Mason

Associate Director, ESG & Sustainability Protiviti

Robert Marriott Director, Regulatory Affairs American Herbal Products Association

Rachel Maryan Senior Counsel: Meals, Pizza & Snacking Nestlé USA

Connie Potter Senior Counsel Lactalis USA

Ryan Richard Vice President GS1 US

Desiree Ripo Head of Food Regulatory & Compliance Ferrero

LAW FIRM SPEAKERS

Maile Gradison Partner Hogan Lovells LLP

Juge Gregg Partner

Crowell and Moring LLP Former Attorney, U.S. DOJ

David Hackett Partner

Baker McKenzie Former Trial Attorney, DOJ Environmental Division

Timothy Loose Partner Gibson, Dunner & Crutcher LLP

Katlin McKelvie Partner Gibson, Dunner & Crutcher LLP

Clarissa Mills

Environmental Partner Haynes and Boone, LLP

Former Deputy Regional Counsel, US EPA

James Neale Partner McGuireWoods LLP

Stuart Pape

Senior Partner; Head of FDA Practice Polsinelli PC

Ronald Rothstein Partner Winston & Strawn LLP

Jason Stiehl Partner

Crowell & Moring LLP

Ashish Talati

Founding Member Talati Law Firm PLLC

Suzie Trigg Partner

Haynes and Boone, LLP

Agenda-at-a-Glance

CONFERENCE DAY 1

Tuesday, April 29, 2025

8:00 AM Networking Breakfast and Registration

9:00 AM Opening Remarks from the Co-Chairs

9:15 AM 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

10:00 AM New Human Foods Program (HFP): Updates, Priorities, and What a Modernized, Unified Approach Means for the Food Industry

10:45 AM Extended Networking Break

11:15 AM Roadmap to GRAS Reform: Exploring the Current Landscape of Self-GRAS and How Food Manufacturers are Preparing for Changes to FDA Requirements

12:15 PM Networking Luncheon

1:30 PM Preparing for Complexities and Conflicts Between State and Federal Regulations in Food Law

2:30 PM Networking Break

3:00 PM Dissecting the Latest Labeling Regulations: Best Practices for Compliance with Front-ofPack, “Healthy”, and Allergen Labeling Criteria

4:00 PM Tackling ESG Challenges in the Food Industry

5:00 PM Day 1 Concludes

CONFERENCE DAY 2

Wednesday, April 30, 2025

8:00 AM Networking Breakfast and Registration

9:00 AM Day 2 Remarks from the Co-Chairs

9:15 AM Unpacking Ultra-processed Food: Exploring the Impact of Martinez v. Kraft Heinz on the Food Industry and Next Steps for Food Manufacturers

10:15 AM Packaging Developments: How Top Food Manufacturers are Navigating State-by-State PFAS, Microplastics, and EPR Regulations

11:00 AM Networking Break

11:15 AM Cracking Down on Contaminants & Additives: Regulatory Trends in Heavy Metals, Pesticides, and Food Dyes in the U.S. Food Supply

12:00 PM Networking Luncheon

1:15 PM Advertising Claims Substantiation for Food: Developing Best Practices to Avoid Allegations of Misleading False Advertising Claims

2:00 PM Class Action Litigation Trends in the Food Industry: Exploring the Threat of Proposition 65 to Food Manufacturers and Best Practices to Mitigate Risk, Control Litigation Costs

2:45 PM Networking Break

3:00 PM Traceability Rule Implementation: Gearing Up for Compliance with FDA’s Supply Chain Traceability Rule

3:45 PM Tools for Crisis Management and Communication: The Dos and Don’ts of a Food Recall

4:30 PM Closing Remarks and Conference Concludes

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE EARN CLE

Main Conference Day 1

Tuesday, April 29, 2025

8:00 Networking Breakfast and Registration

9:00 Opening Remarks from the Co-chairs

Miriam Guggenheim Partner Covington & Burling LLP

Kelly Laudon Director Assistant General Counsel – Regulatory The Hershey Company

Sharon Mayl Partner DLA Piper

9:15 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

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) 10:00

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

10:45 Extended Networking Break

Barbara Kowalcyk Director, Institute for Food Safety and Nutrition Security George Washington University

Cindy Kruger Chief Counsel, Food Safety & Regulatory PepsiCo

Cynthia Gibson SVP and General Counsel Bush Brothers & Company

John Luedke General Counsel, Global Food Law Mars MODERATOR: Katlin McKelvie Partner Gibson, Dunner & Crutcher LLP

Steven Mandernach Executive Director Association of Food and Drug Officials

MODERATOR:

11:15 Roadmap to GRAS Reform: Exploring the Current Self-GRAS Landscape and How Food Manufacturers are Preparing for Changes to FDA GRAS Requirements

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

12:15 Networking Luncheon

Mara Burr Vice President, Regulatory & Technical Affairs Consumer Brands Association

Melissa Card-Abela

Senior FDA Regulatory Counsel

Whole Foods Market

Ashish Talati

Founding Member Talati Law Firm PLLC

MODERATOR:

Stuart Pape

Senior Partner; Head of FDA Practice Polsinelli PC

1:30 Preparing for Complexities and Conflicts Between State and Federal Regulations in Food Law

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

2:30 Networking Break

Rober t Marriott Director, Regulatory Affairs American Herbal Products Association

James Neale Partner McGuireWoods LLP

The Food and Beverage Industry

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

• Compliance Officers

• Government Affairs Officers and Executives

• Nutrition and Labeling Directors and Executives

• Regulatory Affairs Officers and Executives Law Firm Attorneys for Food and Beverage Industry:

• Attorneys with practice areas in:

- FDA/Food Law

3:00 Dissecting the Latest Labeling Developments: Best Practices for Compliance with the “Healthy” Rule, Allergen Labeling Criteria, and Front-of-Pack Labeling

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

4:00

Tackling ESG Challenges in the Food Industry

MODERATOR:

Alyse Mauro Mason

Associate Director, ESG & Sustainability Protiviti

5:00 Day 1 Concludes

Lina Ahumada

Head of Legal & Government Affairs

The Kraft Heinz Company

Danielle Lemack

Assistant General Counsel and Vice President HP Hood LLC

Timothy Loose Partner

Gibson, Dunner & Crutcher LLP

MODERATOR:

Miriam Guggenheim Partner

Covington & Burling LLP

Global Sponsorship Opportunities

With conferences in the United States, Canada, Latin America and Europe, the C5 Group of Companies: American Conference Institute, Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com

David Hackett Partner Baker McKenzie Former Trial Attorney, DOJ Environmental Division
Clarissa Mills Environmental Partner Haynes and Boone, LLP Former Deputy Regional Counsel, US EPA

Main Conference Day 2

Wednesday, April 30, 2025

8:00 Networking Breakfast and Registration

9:00 Opening Remarks from the Co-Chairs

Miriam Guggenheim Partner Covington & Burling LLP

9:15

Kelly Laudon Director Assistant General Counsel – Regulatory The Hershey Company

Sharon Mayl Partner DLA Piper

Unpacking Ultra-Processed Food: Exploring the Impact of Martinez v. Kraft Heinz and Next Steps for Food Manufacturers

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

10:15

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 11:00

Kelly Laudon Director Assistant General Counsel – Regulatory The Hershey Company

Desiree Ripo Head of Food Regulatory & Compliance Ferrero

MODERATOR: Suzie Trigg Partner Haynes and Boone, LLP

Samantha Dietle Legal Counsel, Food Law and Regulatory Nestlé

Connie Potter Senior Counsel Lactalis USA

MODERATOR: Ronald Rothstein

11:15

Cracking Down on Contaminants & Additives: Regulatory Trends in Heavy Metals, Pesticides, and Food Dyes in the U.S. Food Supply

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

12:00 Networking Luncheon

• 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 advertising claims substantiation for the food industry

• Interpreting

• Understanding reasons for the sharp increase in misleading and false advertising

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

3:00 Traceability Rule Implementation: Gearing Up for Compliance with FDA’s Supply Chain Traceability Rule

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

Leigh Barcham Assistant General Counsel – Product Regulatory & Government Affairs US Foods

Anna Townsend Burner, Ph.D. Food Safety Scientist Fresh Del Monte

• Continuously reviewing and updating traceability practices to align with evolving regulations and improve supply chain visibility

Emily Dillingham Corporate Counsel, Litigation & Regulatory Kellanova

MODERATOR: Ryan Richard Vice President GS1 US

3:45 Tools for Crisis Management and Communication: The Dos and Don’ts of a Food Recall

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

4:30 Closing Remarks and Conference Concludes

Sandy Grimm Chief Legal Officer and Secretary Southeastern Grocers

Ebru Basaran-Shull EVP – Ethics & Compliance Sargento Foods, Inc.

MODERATOR: Maile Gradison Partner Hogan Lovells

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