How Food & Ag Companies Can (and Do) Use the National Advertising Division to Combat Unfair Competition and Test the Waters of Emerging Issues

Topic:

In the United States, the Food and Drug Administration and the United States Department of Agriculture have primary responsibility for regulating packaging and point-of-purchase advertising for food and supplements sold in retail establishments. Food labeling laws and regulations also cover claims made through product marketing, including claims about the purity of food products or health benefits. Food producers and processors must comply with these federal regulations, which have an overall goal of protecting consumers. However, if a false or misleading advertising or labeling claim is alleged to have been made, complaints may be made to entities beyond just FDA and USDA. For example, the National Advertising Division of BBB National Programs is an example of an industry-led complaint process for truth-in-advertising claims.

 

This webinar will present several high-profile examples of how food and ag companies use NAD as an alternative means of raising false and misleading advertising claims. We will also discuss the NAD process, the pros and cons of NAD, discuss trends in NAD use and decisions, and overview federal food labeling requirements.

Time and Date:

Wednesday, August 16, 2023

Noon – 1 p.m. (EDT)

11 a.m. – Noon (CDT)

Participation:

Watch the Recording Here.

Presenters:

Kim Bousquet is a food and beverage litigator and legal counsel and has practiced in the food and agriculture industry for over 15 years. As a litigator, Kim has handled everything from simple breach of contract cases to highly complex multi-district litigation, class action defense, and Lanham Act cases. Kim practices in both federal and state courts, before regulatory bodies, in arbitrations, and in the BBB’s National Advertising Division. Her recent litigation work has involved defense of allegedly false and misleading product label claims and delivery fee representations, herbicide drift and crop damage claims, foodborne illnesses, and other issues faced by food and beverage clients.

Kim also advises industry clients on FDA, USDA, FTC, state, and local regulatory compliance and all matters relating to the Federal Food, Drug, and Cosmetic Act, the Food Safety Modernization Act, and other laws and pending legislation impacting the food and beverage industry. She has represented some of the industry’s largest companies across a broad spectrum – from food producers and agribusinesses to restaurant groups, supplement manufacturers, pet food makers, biotechnology corporations, and biofuel companies.

Kim brings a unique perspective to advising her food and beverage clients. Her degrees in biology and environmental studies supplement her advanced legal education in food and agriculture law. Her deep knowledge of the life and earth sciences adds a layer of unmatched expertise to her practice. Kim is a also a past board member of the American Agricultural Law Association.

 

Alli Condra applies her lifelong interest in quality, responsible food to help clients protect and grow their “good for you” food and beverage brands. Alli represents food, beverage, and pet food manufacturers, distributors, brands, and retailers, as well as farms and restaurants. Her practice centers on advising clients on regulatory compliance and litigation risks related to food labeling and advertising and counseling clients on local, state, and federal food safety regulations (including recalls and government inspections). She advises on topics such as plant-based foods and alternative proteins; environmental/green marketing; hemp-derived CBD; statements of identity for innovative products; “functional foods”; nutrient content and health claims; the generally recognized as safe standards for food ingredients; and a broad range of other related topics such as Prop 65; PFAS; the National Bioengineered Food Disclosure Standard; food/alcohol delivery; and menu labeling.

 

Research & Materials:

Coming Soon