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Lessons Learned From Recent Food and Beverage Litigation and Enforcement: Practical Compliance and Defensibility Tips

(276 reviews)

Produced on May 16, 2017

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Course Information

Time 1h 2m
Difficulty Intermediate

Course Description

Using real life court cases and regulatory enforcement instances, Jonathan A. Havens, Esq., Vice Chair of Saul Ewing LLP’s Food and Beverage Practice examines litigation and enforcement trends, and what might be on the horizon; walks the audience through product claim development and substantiation, including common pitfalls to avoid; and discusses the U.S. Food and Drug Administration’s (FDA) food docket and its implications for industry.

In this engaging and useful session, Mr. Havens uses facts from recent food and beverage cases and recent instances of enforcement to provide practical takeaways to help the industry comply with applicable requirements and take defensible positions when developing food labels and product claims. 

Learning Objectives: 

  1. Understand what, if any, requirements exist for making certain popular product claims (e.g., “healthy,”  GMO free,” “natural”)
  2. Consider the risks/rewards of making a claim in the absence of a government standard
  3. Review new and recently-finalized regulatory requirements

Credit Information

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Jonathan Havens

Saul Ewing LLP

Jonathan Havens counsels clients on regulatory, compliance, enforcement, and transactional matters related to products regulated by the U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and the U.S. Consumer Product Safety Commission (CPSC). Companies in the consumer health care products, life sciences, cosmetics, tobacco, and medical cannabis industries, among others, turn to Jonathan for advice on how to get and keep their products on the market. He advises companies throughout the product life cycle, including product development, formulation, manufacture, distribution, and promotion. More specifically, Jonathan handles matters involving labeling, good manufacturing practice (GMP), quality system regulation (QSR), product design, and registration and listing, to name a few. When disputes, including litigation, arise relating to these and other issues, Jonathan helps clients navigate them. This includes preparation for FDA inspections, response to inspectional observations (FDA Form 483) and warning letters, managing product recalls, and resolving import and export issues. He also counsels clients through business transactions that involve oversight by myriad federal and state agencies. 

Beyond his FDA, FTC, and CPSC work, Jonathan’s experience extends to matters involving the U.S. Department of Agriculture (USDA), the U.S. Drug Enforcement Administration (DEA), U.S. Customs and Border Protection (CBP), a wide array of state and municipal agencies, state attorneys general, and district attorneys. His deep understanding of the complex regulatory and statutory requirements that govern a wide range of products and services is enhanced by his experience working in government and on Capitol Hill. Before entering private practice, Jonathan served as regulatory counsel with FDA, where he focused on compliance and enforcement related to promotion, advertising, and labeling. Jonathan has also held legislative and government affairs positions in which he facilitated the development and execution of strategic communications to members of Congress and their staff aides, and managed several areas of policy and drafted legislative proposals. 


Pamela S.

interesting topic

udai s.

well presented with valuable information about law and cases. thank you.

Andrew G.

loved the practical advice. nicely done.

Jen B.

One of the best CLEs in a while.

Sandra L.

Interesting overview

T. O.

Mr. Havens gave an excellent program! Thank you.

Paul D.

Informative CLE.

Jamey B.

Great presentation. Clarified the uncertain.

Martin B.

Very effective presentation.

Antoine M.

Helpful and instructive information

Richard R.

Very informative with excellent examples/case studies.

Michael G.

One of my favorite programs.

James S.


Janet G.

Very well-delivered by the Speaker.

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