Food Law & Regulation Canada

Co-Chairs’ Welcome Remarks

Carmen Francis
Partner
McCarthy Tétrault LLP

Suzanne Hathaway
Senior Vice President, General Counsel
Maple Leaf Foods

Lewis Retik
Partner & Leader, Food and Beverage Group
Gowling WLG

The True North Update: Key Legal Developments and Trends Impacting Food Law and Regulation in Canada

Carmen Francis
Partner
McCarthy Tétrault LLP

Suzanne Hathaway
Senior Vice President, General Counsel
Maple Leaf Foods

Lewis Retik
Partner & Leader, Food and Beverage Group
Gowling WLG

In the last few years, there have been major legal and regulatory developments affecting the Canadian food industry. From the passage and implementation of the Safe Food for Canadians Act to the effects of the pandemic to new food classifications, and novel food products such as cell-cultivated meats. Join our chairs for this crucial legal and regulatory food industry update.

In-House Think Tank on Cross-Border Challenges: What Can We Learn From Each Other

Tony Pavel
Deputy General Counsel, Global Food Law
Perfect Day

Craig Lockwood
Partner, Litigation
Osler, Hoskin & Harcourt LLP

• Understanding the complex food laws that vary between Canada and the US
• Analyzing the process of selling your product across the border
• Discovering the differences in packaging and labelling of products in Canada and the US
• Outlining the challenges of tracing products and using international ingredients

Morning Refreshment Break

Fireside Chat with Health Canada

Stephen Norman
Director, Bureau of Nutritional Sciences
Health Canada

Jay M. Holmes
Director, Consumer Protection and Market Fairness Division
Canadian Food Inspection Agency (CFIA)

Moderated By

Michi Furuya Chang
Senior Vice President, Public Policy & Regulatory Affairs
Food, Health & Consumer Products of Canada (FHCP)

David K. Lee
Chief Regulatory Officer, Health Products & Food Branch
Health Canada

Join us for this highly anticipated discussion with Health Canada about current and anticipated legal and regulatory developments affecting Canada’s food and beverage industry. Come prepared with your most pressing questions as we will also allot time for Q&A.

MOCK SCENARIO

How to Bring a Supplemented Food to Market: Best Practices for Ensuring Your Product Complies with All Legal and Regulatory Requirements for Successful Market Entry

Jacintha Roberts
Director, Regulatory Affairs
Nestle Health Science

Amy Pressman
Partner
DLA Piper LLP

• In the summer of 2022, the Federal Government amended the Food and Drug Regulations to introduce a new category of food—supplemental food. This session will provide a comprehensive, in-depth discussion of the relevant legal, regulatory, and compliance considerations for bringing a supplemented food or beverage product to market in Canada.  Session leaders will guide you through Health Canada’s guidelines for these products and pre and post commercialization concerns to achieve successful market entry.
• Defining supplemented foods or beverages
• Understanding the regulatory framework for supplemented foods
• Distinguishing supplemented foods from fortified foods and natural health products
• Determining if your food product falls under the list of permitted supplemented food categories and understanding applicable restrictions on these products
• Ensuring compliance with the Supplemented Food facts table
• Establishing protocols for production and commercialization of supplemented food and beverages
• Examining advertising and promotional guidance for the marketing of supplemented food products

Networking Luncheon

FOCUS ON THE LATEST DEVELOPMENTS ON FOOD LABELLING

PART I: Don’t Look Back! Simplifying the New Guidelines for Front of Package Nutrition Symbol Labelling

Martha Carman
Principal
Carman Consulting Inc.

Marisa Muchnik
General Counsel
Ferrero Canada Ltd.

• Understanding what Front of Package (FOP) labelling and how it affects product labels and marketing of products regarding added saturated fats, sugars, and sodium
• Analyzing Health Canada’s newest requirements surrounding Front of Package Labelling
  • What is required to be on the front of food packages
  • FOP nutrition symbols
  • Impact on what marketing claims can be made and how they are made
• Discovering the consequences and penalties for non-compliance by January 1, 2026
• Considerations and challenges these new regulations pose to the food and beverage industry 

FOCUS ON THE LATEST DEVELOPMENTS ON FOOD LABELLING

PART II: Dissecting Additional New Packaging and Labelling Requirements for Canadian Food and Beverage Products

Chandimal Nicholas
Partner
Cassels Brock & Blackwell LLP

Jaclyne Reive
Partner
Miller Thomson LLP

Parlez Vous en Français?: Focus on French Language Requirements

• Identifying the Bilingual language requirements
• Forecasting the new trademark guidelines to translate trademark names in French

Food Allergen Labelling Update

• Outlining the requirements of food allergens on labels
  • Where can these be place on a label
  • What specific allergies require warnings
  • Determining what sufficient substantiation requirements are needed for food allergy claims

U.S. Comparison Study

• Distinguishing packaging requirement in Canada versus in the US
  • Is there a common ground to harmonize packaging for both sides of the border?
• Analyzing the new trademark labelling requirements and how this will affect your packaging

Afternoon Refreshment Break

FOCUS ON ESG

A Deep-dive into ESG Obligations for the Food Industry under Canadian Law

Scott Exner
Partner
MLT Aikins LLP

Julia Loney
Partner
McMillan LLP

• Understanding the federal government’s expectations to new ESG reporting and how this affects the food and beverage industries
  • What does every company have to report on
• Identifying the key elements that the government is looking for in your report
• Exploring tools and strategies to meet the ESG requirements
• Evaluating the social obligations relative to supply chain and labor
• Discover new methods to reduce your carbon footprint while still producing quality products

ESG Meets Packaging: Understanding Sustainability Challenges Surrounding the Packaging of Food and Beverages

Allen Langdon
CEO
Circular Materials

George Wray
Partner
Borden Ladner Gervais LLP

• Exploring the requirements of the composability of food packaging
  • What are the regulatory guidelines
• Analyzing the restrictions around single use plastics for packaging
• Understanding various food and beverage packages and their recyclability
• Analyzing how price inevitably affects packaging and your environmental footprint
• Determining the best practices to minimize costs and increase decomposability of packaging for your products.

MOCK SCENARIO

Recall Management: How to Effectively Oversee a Recall and Manage the Fallout

Spir Marinakis
Vice President, Food Safety, Quality Assurance, Technical Srvs & Sanitation
Maple Leaf Foods

Laura Gomez
Partner
Gowling WLG

In this mock recall scenario, our panelists will walk you through the execution of a recall from start to finish. Our speakers will provide best practices and help you establish a recall-ready blueprint for not only efficiently and quickly executing a recall, but for also addressing any public relations crisis which may ensue.

• Devising a blueprint on how to effectively remove products from the marketplace once a defect is discovered – making the decision when and how to recall
• Identifying and correcting regulatory and compliance mishaps that led to the recall
• Maintaining documentation during a recall in anticipation of litigation that may result from the recall
• Developing crisis management strategies to address recall fallout and win back consumer confidence

Day One Adjourns

Co-Chairs’ Opening Remarks and Recap of Day 1

Carmen Francis
Partner
McCarthy Tétrault LLP

Suzanne Hathaway
Senior Vice President, General Counsel
Maple Leaf Foods

Lewis Retik
Partner & Leader, Food and Beverage Group
Gowling WLG

Status Report on the Grocery Code of Conduct

George Ellinidis
Vice President and General Counsel – International
The J.M. Smucker Company (Smucker Foods of Canada Corp.)

Michael Graydon
Chief Executive Officer
Food, Health & Consumer Products of Canada

Canada is on its way to establishing a Grocery Code of Conduct affecting retailers and manufacturers. This panel will address up to the minute developments in bringing this code to reality.

• Analyzing the Canada’s new proposed Grocery Code of Conduct rules
• Exploring the perceived imbalances of food producers versus grocers and how the Code would work to balance the playing field and create better relationships between these groups
• Examining how the new Code will affect supply chain
• What does this mean for manufacturers?
• Determining retailer fees under the Code
• Developing strategies to achieve the goal of fairness and competitive pricing
• Understanding the Code’s process for dispute resolution
• Identifying the penalties for violation
• Remediation

FOCUS ON NOVEL FOODS

The Dawning of the Age of Plant-Based Foods and Beverages: What Every Canadian Food Lawyer and Executive Needs to Know

Dara Jospé
Partner
Fasken Martineau DuMoulin LLP

Adam Grogan
President, Greenleaf Foods and President, Alternative Proteins
Maple Leaf Foods

• Understanding the creation of plant-based food products
• Identifying the regulatory procedures when bringing a plant-based product to market
• Understanding the licenses and substantiation required to prove your product is Plant-Based
  • What are the requirements to claim your product is plant-based
• Evaluating claims within plant-based products
  • “Plant-Based beverage” versus using the word “milk”
  • Imitation meat versus plant-based meats
• Analyzing misrepresentation and misbranding challenges surrounding plant-based products

Anticipating the Legal and Regulatory Framework for Cell-Cultivated Products

John Cappuccitti
Co-Founder
Evolved Meats

• Exploring the science behind cell-cultivated meats
  • What is cell-cultivated meat
  • What types are there
• Understanding the regulatory and legal limitations when bringing cell-cultivate meats to the market
• Evaluating misbranding and misrepresentation challenges

Morning Refreshment Break

FOCUS ON ADVERTISING

PART I: Yummy in My Tummy: Exploring New Guidance for Advertising of Food and Beverages to Children

Angela Giancaterini
Senior Corporate Counsel, Advertising and Marketing
Kellogg Canada Inc.

Laura Weinrib
Partner
Blakes, Cassels & Graydon LLP

Catherine Bate
President & Chief Executive Officer
Ad Standards Canada

• Examining the new guidelines set out by Health Canada surrounding advertising to children
  • Distinguishing Quebec’s Advertising to Children laws from the guidelines
  • Learning what the age limits are, what kinds of food and beverage products are affected by this, etc.
• Examining Ad Standards Code for the Responsible Advertising of Food and Beverage Products to Children
• Understanding the new limitations imposed on your products by the Code and guidance
• Assessing the penalties for non-compliance and remediation strategies
• Developing strategies to promote your product to children without running afoul of the new regulations

FOCUS ON ADVERTISING

PART II: What Am I? A Guide to Understanding Standard of Identity Claims and Challenges in Food Advertising

Shelley Samel
Chief Legal Officer
Ad Standards Canada

Brian Fraser
Principal
Brian Fraser Law

• Outlining the procedural requirements when making claims for your products
• Analyzing the common claim challenges of identity
  • What does it mean to be organic
    • Reviewing new guidelines outset by Health Canada
  • What does it mean to be natural
  • When can I use the word “milk” when naming products
• Determining the necessary substantiation needed when making identity claims for your products
• Understanding how these challenges inevitably affect regulatory processes
• Reviewing past and current litigation surrounding mistaken identity claims

Networking Luncheon

Fireside Chat with CFIA

Jay M. Holmes
Director, Consumer Protection and Market Fairness Division
Canadian Food Inspection Agency (CFIA)

Pamela MacDonald
Senior Director, Ontario Operations
Canadian Food Inspection Agency (CFIA)

Join us for this highly anticipated discussion with CFIA about the key elements that the Agency looks for during an inspection as well as the latest developments within the Agency. Come prepared with your most pressing questions as we will also allot time for Q&A.

MOCK SCENARIO

What to Do When the CFIA Comes Knocking!

Glenford Jameson
Lawyer/Principal
G.S. Jameson & Company

Stan Farber
Retired Senior Counsel
Canadian Food Inspection Agency (CFIA)

• Understanding the regulatory enforcement powers of CFIA
• Discovering the red flags that the CFIA looks for and what triggers investigation
• Distinguishing when the CFIA conducts an “inspection” versus “investigation” and what it means
• Developing strategies and breaking down the procedural steps to rectify your product back to market
• Outlining what penalties, if any, can result

Afternoon Refreshment Break

Cross-Border Trade: Understanding Import and Export Regulations for Getting Your Product Across the Border

Lauren Cozens
Senior Manager, Labeling Canada & Coffee
The Kraft Heinz Company

Susan Blum
Senior Attorney
Cargill

As manufacturers of food and beverage products continuously look to expand their marketplace, this session will dive into the exact requirements and licenses needed for a US food product to enter the Canadian food marketplace and what is required for a Canadian food product to enter the US food marketplace.

From the US Side:

• Analyzing the procedures and licenses required to bring a US food product into the Canadian marketplace
  • Understanding the governing agencies involved
    • CFIA
    • CBSA
  • Developing a thorough checklist of what if required for import
  • Reviewing the specific Canadian food laws applicable to the product being imported
  • Understanding the applicable taxes involved as guided by the IRS

From the Canadian Side:

• Analyzing the procedures and licenses required to bring a Canadian food product into the US marketplace
  • Understanding the governing agencies involved
    • FDA
    • U.S. CBP
  • Developing a thorough checklist of what if required for import
  • Reviewing the specific US food laws applicable to the product being imported
  • Understanding the applicable taxes involved as guided by the CRA

Exploring the Intersection of PFAS and Food Safety

Julia Schatz
Partner
Bennett Jones LLP

• What are PFAS chemicals and why are they in our food chain?
• Assessing the long term impact of PFAS and other chemicals commonly used in food packaging
• What are the limited amounts of PFAS in Canada
• What are the benefits and consequences of the use of these “forever chemicals”
• Understanding the regulatory requirements when PFAS chemicals are used in packaging
• Forecasting whether Health Canada will address PFAS as its own class of chemicals
• Identifying the food safety risks of PFAS chemicals
• Examining what other alternate materials can be used for packaging to reduce the exposure of PFAS chemicals in food and beverage products

Food Litigation Year in Review: Analyzing Class Action Claims Affecting the Food and Beverage Industry

Randy Sutton
Partner
Norton Rose Fulbright LLP

• Class actions in Canada are growing, and the food industry is feeling this growing trend. In this closing session, our speakers will provide an in-depth review of current Class Action trends affecting the food and beverage industry – from misleading advertising claims, recall claims, and personal injury to everything in between. Points of discussion will include:
• Examining class action litigation trends in Canada affecting the food and beverage industry
• Exploring notable class actions and key decisions affecting the food and beverage industry
  • Keurig Canada v. Competition Bureau (K-Cups)
  • Canada Beef Price Fixing
• Comparing U.S. class actions in this space to those in Canada
  • Is Canada becoming a more litigious country?

Day Two Adjourns. End of Conference