How Food & Ag Companies Can (and Do) Use the National Advertising Division (NAD) to Combat Unfair Competition and Test the Waters of Emerging Issues
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 the Better Business Bureau 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 an overview of federal food labeling requirements.
Date and Time:
Wednesday, August 16, 2023
Noon – 1 p.m. (EDT)
11 a.m. – Noon (CDT)
Kim Bousquet is a food and beverage litigator and legal counsel. She has practiced in food and agriculture industry litigation 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. Kim’s 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. Kim is a past board member of the American Agricultural Law Association
Kim 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. She 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.
Alli Condra – info coming soon.
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Author: Ramie Parsons