Developing and Substantiating a Marketing Claim

Presenters:

Randal Shaheen BakerHostetler, Partner

Nancy Dowling Danone, General Counsel, Essential Dairy and Plant Based Products

Gina Bianchi Danone North America, Deputy General Counsel

Isha Saini Danone North America, Director, Regulatory Affairs

Program Level: Intermediate

Duration: 60 Minutes

Recorded On: April 21, 2020

Program Description

Danone’s in-house counsel and regulatory expert join their outside counsel at BakerHostetler in an engaging and informative discussion about the development and substantiation of a claim in connection with the marketing of a global product.

The in-house panelists describe their respective roles within Danone’s global legal department and how they engage with the company’s marketing teams to develop and scope out health and taste claims that are in alignment with the company’s culture, priorities and risk profile. They also address the benefits of using a KOL, how to keep the advertising claim development and substantiation processes on schedule, and the importance of creating a proper record for substantiating any such claim. The panelists close with best practices for assessing, and educating a marketing team on, the risks associated with a proposed advertising-related claim, and, if and when necessary, saying “no”.

Learning Objectives

At the end of this session, participants will have a better understanding of:

  • The role of in-house counsel in the development and substantiation of a claim in connection with the marketing of a product;
  • The role of a regulatory expert in the development and substantiation of a claim in connection with the marketing of a product;
  • The organizational structure and decision-making processes within the legal department of a global food company;
  • The processes for, and risks associated with, developing a claim in connection with the marketing of a product, nationally and worldwide;
  • The processes for, and risks associated with, substantiating a claim in connection with the marketing of a product, nationally and worldwide; and
  • How in-house counsel and regulatory experts can work with their marketing teams to ensure that advertising-related claims align with the company’s culture and risk profile.
CLE Info

This program is currently available for 1.0 general credit in the following states:

Alabama
Alaska
Arizona
Arkansas
California
Connecticut
Georgia
Hawaii*
Illinois
Minnesota
Mississippi
Missouri
Nevada
New Hampshire
New Jersey*
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Tennessee
Texas
Vermont
West Virginia
Wisconsin

In addition, we have applied for credit in the following states, and will promptly update the list above as the program is approved in each such state:

Colorado
Indiana
Ohio
Washington

*In Hawaii and New Jersey, we rely on their reciprocity policies pursuant to which our programs are deemed accredited once they are approved in the various reciprocity states where we apply such as California, Illinois, New York, Pennsylvania and Texas.

For information on attendance reporting, please refer to the CLE Info page.

Presenters:

Randal Shaheen
Partner, BakerHostetler

Nancy Dowling
General Counsel, Essential Dairy and Plant Based Products, Danone

Gina Bianchi
Deputy General Counsel, Danone North America

Isha Saini
Director, Regulatory Affairs, Danone North America

Program Level: Intermediate

Duration: 60 Minutes

Recorded On: April 21, 2020