Please join us on Wednesday, November 6 for the launch of a new webinar series featuring updates on the latest news and trends in the food and beverage industry. Our first webinar will focus on updates regarding CBD, FSMA, and the FTC. Please see below for the program agenda:

Navigating the regulatory landscape for CBD: What the hemp is going on?

Although the 2018 Farm Bill created new legal distinctions between cannabis that is “marijuana” and cannabis that is “hemp,” hemp-derived ingredients, including cannabidiol (CBD), remain subject to regulation by FDA, USDA, and the states. Samantha Dietle will provide an update on the current regulatory landscape for hemp-derived products, including how FDA, USDA, and states are approaching regulation and enforcement.

FDA’s escalation of FSMA enforcement

Maile Hermida and Elizabeth Fawell will discuss recent inspection and enforcement trends related to FSMA implementation. They will review frequent inspection citations and what companies should be focusing to ensure compliance and prevent the issuance of a FDA Form 483, as well as some lessons from recent FSMA related Warning Letters.

Recent FTC enforcement involving social media

Social media platforms provide unparalleled ways for marketers to interact with consumers. The concurrent complex legal responsibilities are evident from recent enforcement and other activities of the Federal Trade Commission. Steve Steinborn will analyze recent FTC actions. You will come away with a short-list of key areas to put on the agenda of your next internal social media compliance meeting and gain insight on best practices and practical tips.

Register: A Seat at the Table – What’s new in food law


This activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour, all of which will apply to general credit. No hours will apply to legal ethics, to substance abuse/competence issues, or to recognition and elimination of bias credit. Hogan Lovells certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
 
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1 credit hour, of which 1 credit hour can be applied toward the Professional Practice requirement.

This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1 credit hour, of which 0 credit hours will apply to legal ethics/professional responsibility credit.
 
Attendees licensed in other states will receive uniform certificates of attendance, which they may use to request individual credit from their respective state bars. Approval guidelines and credit hours vary by state.

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Photo of Elizabeth Fawell Elizabeth Fawell

Partner, Washington, DC

Elizabeth Fawell navigates the detailed, and often complex, regulatory issues confronting food companies and helps them understand both the rules and various risks involved so that they can make informed business decisions. Elizabeth works with every segment of the food…

Partner, Washington, DC

Elizabeth Fawell navigates the detailed, and often complex, regulatory issues confronting food companies and helps them understand both the rules and various risks involved so that they can make informed business decisions. Elizabeth works with every segment of the food industry, including manufacturers, distributors, retailers, restaurants, and food service operators; and their trade associations.  Elizabeth’s work on behalf of food industry clients with the Food Safety Modernization Act (FSMA) since its inception and her understanding of Hazard Analysis Critical Control Point (HACCP) systems provides her with the experience and perspective needed as she counsels clients on how to comply with new requirements under the law. Elizabeth is a Preventive Controls Qualified Individual (PCQI) and has completed the FSPCA PCQI training.

Elizabeth knows how laws, regulations, and guidance documents are developed, interpreted, and enforced. Her extensive knowledge enables clients to prevent and respond to enforcement actions such as Warning Letters, Import Alerts, and agency investigations. She helps clients in determining whether an RFR is necessary and whether a recall is warranted. If so, she helps manage the recall to minimize business impacts. Elizabeth provides real-time advice during factory inspections, helps clients prepare 483 responses, and drafts inspection manuals. She also assists clients in lawfully and creatively promoting their products; such as the development of labels, claims, and website and promotional campaigns. Elizabeth also supports clients in advertising disputes and with responses to FTC and Attorney General investigations.

Elizabeth helps clients stay informed of and ahead of public policy issues and develops strategies for effective advocacy before regulators. She also counsels clients on compliance with Consumer Product Safety Commission (CPSC) safety standards, testing and certification requirements, and reporting obligations.

Elizabeth is a member of the Food and Dietary Supplements Committee of the Food and Drug Law Institute.

Photo of Steve Steinborn Steve Steinborn

Partner, Washington, DC

Steven Steinborn literally wrote the book on food labeling as a principal author of the U.S. Department of Agriculture’s (USDA) labeling guide. On top of that, he offers clients 28 years of experience in guiding informed business decisions, taking into…

Partner, Washington, DC

Steven Steinborn literally wrote the book on food labeling as a principal author of the U.S. Department of Agriculture’s (USDA) labeling guide. On top of that, he offers clients 28 years of experience in guiding informed business decisions, taking into account food laws and other regulations, as well as the environment in which companies operate. Representing food processors, restaurant chains, foodservice operators, ingredient suppliers, and trade associations, Steven focuses on advertising, labeling, and food safety. He is also a strong advocate in enforcement matters brought by the Federal Trade Commission, the Food and Drug Administration, the USDA, and state regulators as well.

From small start-ups to established international brands, Steven understands the dynamics of the food industry. He brings this knowledge to bear on cutting-edge issues ranging from claim substantiation to potential food safety situations. He is also regularly consulted in bringing and defending competitor challenges, and represents companies before the Better Business Bureau’s National Advertising Division. Keenly aware of the current litigation climate, Steven works closely with marketers in exploring all avenues to reach important business objectives.

Beyond the food industry, Steven routinely advises consumer product companies on reporting and potential recall situations arising under the jurisdiction of the Consumer Product Safety Commission. His practice covers a diverse range of industries, including children’s toys, household appliances, infant products, gas grills, furnaces, consumer electronics, computers, printers, handheld devices, and child-resistant packaging.

Steven is a frequent speaker on innovation and legal compliance and has authored numerous articles on a range of subjects, from the latest developments in the regulation of genetically engineered foods to important developments that impact food advertising.

Photo of Samantha Dietle Samantha Dietle

Associate, Washington, DC

Sam Dietle provides practical legal solutions and regulatory guidance to all segments of the food industry, including manufacturers, restaurants, retailers, animal producers and processors, and their trade associations.

She advises clients on federal and state regulatory issues that arise throughout…

Associate, Washington, DC

Sam Dietle provides practical legal solutions and regulatory guidance to all segments of the food industry, including manufacturers, restaurants, retailers, animal producers and processors, and their trade associations.

She advises clients on federal and state regulatory issues that arise throughout the entire food supply chain, including labeling and advertising compliance and claim substantiation issues, enforcement actions by the Food and Drug Administration (FDA) and United States Department of Agriculture (USDA), litigation support, and drafting comments on proposed regulations and agency guidance. Sam also counsels clients in consumer products industries on compliance with Consumer Product Safety Commission (CSPC) requirements.

Prior to joining Hogan Lovells, Sam advised food packaging companies on FDA premarket requirements and regulatory compliance matters. Sam also worked with electronic cigarette companies as FDA began to regulate this industry. While in law school, she served as a judicial intern in the U.S. Court of Federal Claims, working on vaccine injury claims cases.