Legal Pitfalls under “Made in USA” Labeling Claims

Event Information
Product Format
Prerecorded Event
Conference Date
Thu, Oct 19, 2017
60 minutes
Product Description

Analyze and Avoid Labeling Claims That Are the Most Frequent Source of Litigation

Developing strong advertising and labeling claims is critical to distinguishing a company’s products and selling food, beverage, and supplement products. However, those same claims that attract consumers also attract the attention of regulatory agencies like FDA, FTC, state attorneys general, local district attorney offices, public action groups, and most importantly, class action plaintiff lawyers filing lawsuits for alleged false and misleading advertising.

Never has it been more important to know what is on your label. It doesn’t do you any good to copy another company’s label if its label is false or misleading. Everyone is looking at your labels – consumers, regulators, special interest groups and class action plaintiff lawyers.

In this session, expert speaker Justin Prochnow will discuss those claims which are the most frequent source of litigation and will also provide tips for the best ways to avoid unwanted attention and the courtroom. In particular, this session will address FDA and FTC regulations and civil litigations involving “Made in the USA” labeling claims, “Natural” claims, “No Added Sugar” and other nutrient content claims and other targeted claims. While this session might address some examples specific to food and supplement companies, the majority of the content will pertain to any advertised products. This session will cover the proper substantiation of claims. This session will benefit you if you use social media to advertise products. There will also be a detailed PowerPoint for you to view during the presentation and refer to afterwards as well.

Session Highlights

  • Understand that a “Made in the USA” claims have become the most frequently targeted claims by plaintiff lawyers
  • Understand that “Made in the USA” means that a product is not only processed in the USA, but all or virtually all of the ingredients also come from the USA
  • Understand that the  “All natural” is still the most targeted claim for class action plaintiff lawyers and regulatory agencies
  • Learn why it is best to avoid general claims made for products without clear definitions
  • Learn what all claims must be substantiated by “competent and reliable scientific” evidence means
  • Learn how you must have good science that supports the ingredients in your product at the levels that are included in your product
  • Learn the specific criteria that many claims have that must be met, including required disclosures to be compliant and not deemed mislabeled

Who Should Attend

  • Legal counsel
  • Regulatory affairs personnel
  • Marketing and advertising professionals
  • Sales and business development officers
  • Purchasing/outsourcing experts
  • Packaging and labeling specialists
  • Trade compliance personnel
  • Food Industry Professionals

Ask a question at the Q&A session following the live event and get advice unique to your situation, directly from our expert speaker.

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About Our Speaker

Justin J. Prochnow

Justin J. Prochnow focuses his practice on regulatory and business issues primarily in the food, beverage, dietary supplement, and cosmetic industries. Justin works with clients to ensure regulatory compliance with statutes and regulations enforced by the Food and Drug Administration, the Federal Trade Commission and other regulatory agencies, including the review of labeling, marketing and advertising materials. Justin assists clients with other regulatory issues like recalls, FDA inspections...   More Info
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