Do You Really Know What You Are Eating?
Are you really drinking 100% pomegranate juice? Is the shrimp you just ate really “fresh”? Did the “Happy Cows” advertising campaign for milk constitute false advertising given the conditions in which the cows were held? This program will address litigation and legislation relating to food labeling, advertising, and food fraud. The topic reaches throughout various practice areas of the law including: health, biotechnology, consumer protection, government regulation, animal welfare, false advertising, and criminal law.
A panel of attorneys representing the government, industry, and consumers, will discuss recent high-profile civil and criminal litigation involving allegations of misleading food labeling, including the rising tide of class action litigation related to the use of “all natural” on labels.. The panel will also analyze false advertising claims against producers of food, and will consider the value and limits of mandatory labeling. The topic is especially relevant in the wake of the introduction of the Egg Products Inspection Act amendments, a first-of-its-kind cooperative effort between the Humane Society of the United States and the United Egg Producers, which would impose mandatory federal labeling provisions on eggs. The panel will also discuss the “Happy Cows” case, which alleged false advertising by the California Milk Advisory Board, and the Mendes/Corcpork cases, which alleged misrepresentations by omission by producers of food that came from animals held in conditions of alleged cruelty.
In addition, the panel will address “Food Fraud”, the criminal implications of food fraud violations, including prosecutorial charging theories, available charging statutes, recent demonstrative prosecutions, and future trends. Food fraud generally describes the intentional adulteration of food with cheaper ingredients for economic gain or the otherwise misbranding or mislabeling of food. The counterfeit food industry is estimated to generate approximately $49 billion a year. Common food fraud products include, for example: pomegranate juice, honey, maple syrup, olive oil, fruit juice, apple juice, orange juice, milk, coffee, vanilla, saffron, cognac, champagne, goat cheese, fish, shrimp, and other seafood. Some experts estimate that approximately 5 to 7% of the U.S. food supply is affected by food fraud. Victims range from consumers at the local supermarket to multibillion dollar corporations. The rise in food fraud has not gone unnoticed by law enforcement. In recent years, federal authorities have cracked down on food fraud perpetrators, obtaining convictions in a series of significant food fraud prosecutions.
If you want to learn more about what you are really eating and how it ends up on your plate, this program is must-attend CLE.
Andrew Boutros (in his personal capacity), Assistant United States Attorney in the Northern District of Illinois
Carter Dillard, Director of Litigation, Animal Legal Defense Fund
Amir Nassihi, Associate, Shook, Hardy & Bacon (San Francisco, CA Office)
Bruce Wagman, Partner, Schiff Hardin (San Francisco, CA Office)
2013 ABA Annual Meeting Program – San Francisco, CA
Presidential Showcase Program
Saturday, August 10, 2013
10:30 AM-12:00 PM
August 10, 2013 at 10:30 am - 10:45 am