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False Labelling and Advertising Claims in the Food, Beverage and Natural Health Products Industries: A Cross-Border View

Life Science Group Seminar (Fasken Martineau Institute)
When
Where Fasken Martineau

Fasken Martineau
333 Bay Street, Suite 2400
Bay Adelaide Centre
,
Toronto, ON
M5H 2T6
Canada
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Are lawsuits by consumers alleging false or misleading claims, information and advertising part of the next big wave of litigation in Canada? This seminar will provide a useful cross-border perspective on this increasingly important area of law. Let a US expert tell you what you need to know about the “dos” and “don’ts” of marketing and selling food, beverages and dietary supplements in the US, as well as the most recent developments in claims-related class action litigation there. Hear about the Canadian labelling requirements and marketing restrictions on natural health products and foods, and how to avoid being “offside” with Health Canada. We will also highlight Canadian class action activity in this area to date, what is likely to come, and discuss strategies to effectively defend these potentially very significant claims.

Marketing and Selling Food, Beverages and Dietary Supplements in the U.S.
Presented by: Justin Prochnow (Greenberg Traurig, LLP)

  • FDA regulation of labelling
  • FTC regulation of advertising
  • Making claims 
  • Current good manufacturing practices (CGMPs) and recalls 
  • Class action litigation

    Labelling and Marketing Natural Health Products in Canada
    Presented by: Tim Squire (Fasken Martineau)

    • Legislative overview
    • NHP labelling requirements 
    • NHP advertising restrictions and preclearance 
    • Food related claims 
    • Regulatory enforcement and consequences of non-compliance 
    • What's on Health Canada's radar

    Canadian Class Actions Relating to False Claims: What Lies Ahead?
    Presented by: Steven Rosenhek (Fasken Martineau)

    • The statutory framework
    • “Copycat” cases from the US 
    • The track record on certification to date 
    • What’s coming down the pike? 
    • Defensive strategies

    Note: The hours from this non-accredited seminar may be applied towards the 9 Substantive Hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada for Ongoing Members. Please note that this seminar is not accredited for Professionalism Hours and cannot be counted for New Members or for Professionalism Hours for Ongoing Members.

    Agenda

    • 8:00 am - 8:30 am    Registration and Breakfast
    • 8:30 am - 10:00 am  Presentation and Q&A

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