Food and Beverage Advertising and Branding Open Forum – Marketing and Promoting Your Food and Beverage Products in the Hyper-Information Age

The information on food and beverage products and nutritional and health benefits is now available 24/7 and accumulating exponentially. The ripple effect, positive or negative, can spread at an unprecedented speed. Big Data and analytics tools allow companies to “mass-customize” their products. This environment is creating both opportunities and greater risks for potential confusion and exposure for the companies who produce and market such products.

Our inaugural program, Rising Advertising and Labeling Class Action Suits, features a discussion on the recent increase in class action suits and ways that companies can choose to respond, including:

• Frequent allegations respecting use of terms related to the origin, processing, or health benefits of the products


• Understanding class certification issues as they apply to food and beverage false advertising claims


• Issues relating to requirements for proof of the claims and evidence that can be developed by the defendant to help prevent class certification or obtain summary judgment


• Evaluation of a possible pre-emption defense


• Litigation and pre-litigation strategies

Discussion Leaders

• Jo E. Osborn, VP and Assistant General Counsel, TreeHouse Foods, Inc.


• Craig Fochler, Partner, IP Litigation, Foley & Lardner LLP


• Aaron Weinzierl, Associate, IP Litigation, Foley & Lardner LLP


• Jaclyne Wallace, Associate, IP Litigation, Foley & Lardner LLP

There is no cost to participate in this program, but advance registration is required. To participate, register here. Instructions for accessing the program will be included in a separate email.

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable.

Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California in the amount of 1.0 General credit. Foley & Lardner LLP is a State Bar of California MCLE approved provider. Please note that participants must log in to both the teleconference and Adobe Connect portions on the date of the event; credit may not be obtained by viewing and/or listening to a program recording after the event.

Join Us for Future Programs

The series continues on a bi-monthly basis:

• February 2014: How can a company efficiently incorporate consumer preferences in product and package design?


• April 2014: Seizing business opportunities while satisfying requirements — How “legal” and “marketing” can partner in enhancing the company’s brand and preserving its value


• June 2014: How can a company protect brand value related to licensing, collaborations, and M&A transactions?

Questions concerning these programs should be directed to Sivan Galinsky at [email protected].