Food Law Conference: Now and Beyond
You will hear from FSANZ, NSW Food Authority, industry and legal experts as they examine health and nutrition claims, allergens compliance and IP issues in food law. Be a part of the discussion with the ACCC and their priorities regarding country of origin labelling, health and nutrition claims, and the AANA’s Review of Food and Beverage Advertising Standards. Consider some real life labelling and advertising examples to uncover some common misconceptions on what is misleading and deceptive.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Health & Nutrition Claims, Allergens and Intellectual Property
Chair: Will Daymond, Group Legal Counsel, Asia Pacific, Associated British Foods Group; In-House Lawyer of the Year, Australian Law Awards 2020
THE MAKING OF HEALTH AND NUTRITION CLAIMS
9.00am to 11.00am
Standards for Health Food: What Does and Doesn’t Meet the Standard and What are Some Common Misconceptions?
Presented by Glen Neal, General Manager, Risk Management and Intelligence, FSANZ
Falling Outside the Standard 1.2.7: Empirical Evidence to Back Claims
- General landscape of Food Law
- Nutrition content claims and the legal requirements
- Health claims and the requirements
- Therapeutic claims and legal requirements around prohibition
- FSANZ work programme
Presented by Glen Neal, General Manager, Risk Management and Intelligence, FSANZ and Ciska de Rijk, Principal, Essence Compliance
Categorising Products as Food or Therapeutic Goods Based on Ingredients and Purpose
Presented by Dr Teresa Nicoletti,Partner, Mills Oakley; Leading Lawyer (Band 1), Life Sciences, Chambers Asia-Pacific; Best Lawyers 2019 Life Sciences Practice, Biotechnology Law and Health & Aged Care Law
Your Questions Answered
Join a practical and informative Q&A Session with Glen Neal, Ciska de Rijk, and Dr Teresa Nicoletti to have your questions answered.
11.00am to 11.15am: Morning Tea
ALLERGENS: LABELLING STANDARDS AND COMPLIANCE
11.15am to 12.25pm
FSANZ Plain English Allergen Labelling Standards: Compliance
Presented by Glen Neal, General Manager, Risk Management and Intelligence, FSANZ
VITAL 3.0 Revealed: Leading a Consistent, Evidence Based Approach to Food Allergen Risk Review & Assessment
- Proposed changes with Vital 3.0
- Resources what is required in plain English and updates
Presented by Kirsten Grinter, President, Allergen Bureau and Scientific Affairs & Nutrition Manager Oceania | Technical & Production, Nestlé
Allergen Breaches and Enforcement Update: NSW Perspective
- 'May contain dairy' statements on vegan products
- Use of the ‘may contain traces’ and 'produced on machinery that also...’
- Case studies
Presented by Alan Edwards, Snr Food Incident Response & Complaints Co-ordinator Compliance and Integrity Systems, NSW Food Authority
12.25pm to 1.15pm: Intellectual Property and Marketing Issues in Food Law: Hot Topics, Tips and Traps
- Brands and marks including sub brands and tag lines
- IP commercialisation watch outs
- Copyright updates
- Celebrities, endorsements and testimonials
- Social Media and internet marketing
- Other issues and recent cases
Presented by Alison Jones, Senior Associate, Corrs Chambers Westgarth
Session 2
Advertising Standards Review, Labelling & What is Misleading
Chair: Georgina Rigoni, Corporate Counsel, Nestlé Legal Team, Nestlé Australia
2.00pm to 2.50pm: Review of Food and Beverage Advertising Standards
Presented by Megan McEwin, Director of Policy & Regulatory Affairs, Australian Association of National Advertisers (AANA)
2.50pm to 3.40pm: The ACCC Priorities and Response to COVID-19: Implications for Food Labelling
- ACCC compliance and enforcement priorities
- The impact of COVID-19
- Misleading conduct in relation to the sale and promotion of food products, including health and nutritional claims, credence claims and country of origin
Presented by David Salisbury, General Manager of the Consumer & Small Business Strategies Branch, Australian Competition & Consumer Commission
3.40pm to 3.55pm: Afternoon Tea
3.55pm to 4.45pm: Real Life Labelling and Advertising Examples
- Applying Australian Consumer Law to some real life scenarios?
- What are the grey areas in the legislation?
- Some common misconceptions
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Leading Lawyer (Band 1), Life Sciences, Chambers Asia-Pacific; Best Lawyers 2019, Biotechnology Law, Intellectual Property Law, Life Sciences Practice, Litigation; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2020
4.45pm to 5.15pm Q&A Session: The Expected Rise of ‘Made in Australia’ and Locally Sourced
Delve into the impacts of an expected increase in demand for ‘Made in Australia’, healthy food options and locally sourced products in a current and post COVID-19 environment.
Georgina Rigoni, Corporate Counsel, Nestlé Legal Team, Nestlé Australia
Kim Tonnet, Regulatory Manager - Scientific and Technical Affairs, Australian Food and Grocery Council
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia
Presenters
Will Daymond
Will Daymond is Group Legal Counsel (Asia Pacific) at Associated British Foods (ABF), a global food, ingredients and retail group responsible for numerous household brands in Australia and New Zealand including Tip Top, Don, Yumi’s, Twinings, Ovaltine, Patak’s, Mazzetti, Jordans and Ryvita. Will is responsible for 4 business units of ABF advising on smallgoods, Indian cuisine and cleaning chemicals and everything in between. Will is also jointly responsible for all intellectual property and technology matters in the Asia Pacific region. Prior to joining ABF, Will was an intellectual property and technology lawyer at Corrs Chambers Westgarth. In 2020, Will was awarded ‘In House Lawyer of the Year’ at the Australian Law Awards.
Glen Neal
Glen is responsible for the risk management and intelligence functions associated with developing food standards. This includes labelling, contaminants, composition, additives and foods requiring preapproval such as novel foods, public health nutrition standards, and the economics and social science inputs to standards development. Glen’s background is in public health; he has held a range of leadership positions within New Zealand’s central government food and biosecurity authorities, such as Ministry for Primary Industries, and project managed the establishment of the New Zealand Food Safety Authority (NZSFA).
Ciska de Rijk
Ciska de Rijk runs her own consultancy, Essence Compliance, advising companies on the maze of laws that govern the food and beverage space. Prior to setting up her own business Ciska worked for top-tier commercial law firms across ANZ. Ciska has developed a particular focus on all aspects of sales and marketing together with food law, including advice on composition, labelling and advertising of food and beverages. Ciska is uniquely placed in that she has both a science and law degree, has worked in-house within a number of multi-national food companies, and has practiced law in both New Zealand and Australia.
Dr Teresa Nicoletti
Dr Teresa Nicoletti is a Partner in Mills Oakley's Intellectual Property team, based in Sydney. Teresa is both a lawyer and scientist with more than 20 years' experience in the pharmaceutical, biotechnology and medical device industries in Australia and New Zealand. She has also worked across a number of other product-related industries, including foods, cosmetics, veterinary pharmaceuticals, agrochemicals and industrial chemicals. Teresa is an experienced negotiator and regularly liaises with regulatory authorities and government administrators on behalf of her clients, including the Therapeutic Goods Administration, the Pharmaceutical Benefits Branch, the National Industrial Chemicals Notification and Assessment Scheme, the Australian Pesticides and Veterinary Medicines Authority and state food and health authorities.
David Salisbury
David Salisbury is General Manager of the Australian Competition and Consumer Commission (ACCC)’s Consumer & Small Business Strategies Branch. Among other things, David is responsible for the ACCC’s role educating and liaising with small businesses and consumer representatives. He also oversees compliance with several industry codes, including the Franchising Code and the Food and Grocery Code. His projects have included ensuring businesses are aware of their obligations under the Country of Origin labelling regulation. David has a Bachelor degree in Accounting and a Masters degree in Accounting and Finance.
Kirsten Grinter
Kirsten has worked in several different capacities across her career, R&D, Manufacturing, Research, Regulatory and Nutrition. Her current role is Regulatory, Scientific Affairs & Nutrition Manager for Nestlé Oceania. Kirsten has been involved with the Allergen Bureau at its inception in 2005 and is passionate about delivering industry allergen management initiatives. Kirsten is the President of the Allergen Bureau and is driving international acceptance of the VITAL risk based program, through the work of the VITAL Scientific Expert Panel. Kirsten considers that working collaboratively with industry stakeholders, consumer groups and Government to be key for the industry to remain competitive and successful globally.
Alan Edwards
Alan Edwards has been with the NSW Food Authority since 2006. In 2015 Alan’s moved into a team that ensures food hazards and outbreaks of foodborne disease are managed effectively to prevent harm to consumers and limit damage to the food industry. He is currently one of the food incident contact officers and coordinators for NSW under the National Food Incident Response Protocol and one of the food recall action officers for NSW under the National Food Recall Strategy. He is also a technical advisor on the DPI Retail foodservice COVID-19 Working group. Prior to joining the Authority Alan worked as a teacher and a lawyer. He has over 20 years’ experience in investigation and prosecution work.
Alison Jones
Alison Jones is an experienced senior associate and notary public in the intellectual property practice of premium independent national law firm Corrs Chambers Westgarth. Alison specialises in intellectual property and consumer protection law, and advises clients across all business sectors on a range of IP, regulatory and related areas including IP strategy and licensing, trademarks, copyright, patents, design rights, franchising, advertising and consumer law, social media, privacy law compliance. Alison's experience in this area also includes secondments at a multinational FMCG company and a major global interactive marketing services company.
Georgina Rigoni
Georgina Rigoni is a leading food law specialist, with over 17 years’ experience in some of the world’s leading FMCG companies. Currently at Nestlé, Georgina has previously worked in Unilever in Australia, South Africa and the Singapore regional business and at Goodman Fielder. Georgina holds a Bachelor of Law, Bachelor of Science and a Masters in Intellectual Property Law.
Megan McEwin
As the Director of Policy & Regulatory Affairs at the Australian Association of National Advertisers (AANA), Megan works with the major food and beverage brands in Australia to develop advertising codes that ensure food and beverage advertising continues to meet community requirements and expectations. With over 20 years’ experience in the regulatory and self-regulatory sectors, Megan started her career with the ACCC before moving to the industry self-regulatory sector with AMP, Optus and later INMS, the telecommunications self-regulatory number allocation and porting system. Megan holds a Bachelor of Law.
David Salisbury
David Salisbury is General Manager of the Australian Competition and Consumer Commission (ACCC)’s Consumer & Small Business Strategies Branch. Among other things, David is responsible for the ACCC’s role educating and liaising with small businesses and consumer representatives. He also oversees compliance with several industry codes, including the Franchising Code and the Food and Grocery Code. His projects have included ensuring businesses are aware of their obligations under the Country of Origin labelling regulation. David has a Bachelor degree in Accounting and a Master’s degree in Accounting and Finance.
Odette Gourley
Odette has, for more than 20 years as a partner, advised on and conducted litigation covering intellectual property, competition and consumer law, and regulatory law. This litigation has included landmark cases that have redefined areas of trade mark and patent law. Odette acts in significant competition and consumer law litigation and injunction proceedings in the marketing services industry. She advises on competition and consumer law compliance and training, clears advertising and marketing conduct, and acts in contested advertising and marketing disputes before industry bodies and the courts, relating to a wide range of goods and services.