Program Details
2026-10-20 14:30:00
Over 1,000+ webinars
Course Overview
2026-10-20 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session examines the defense motion strategy and class certification arguments available to food and beverage companies facing zero-sugar labeling claims after the Seventh Circuit’s reversal in Franco v. Chobani. Attorneys will analyze how preemption, Auer deference, primary jurisdiction, and the reasonable consumer standard performed — and failed — at each stage of the Franco litigation, and what those outcomes mean for pending cases in other circuits. Participants will leave with a doctrinal map of the strongest remaining defense arguments, a working understanding of class certification vulnerabilities in multi-state consumer-fraud suits, and a framework for advising clients whose allulose-containing products carry front-of-package zero-sugar claims.
August T. Horvath 3:40 pm - 4:40 pm ESTThis session examines the regulatory and litigation risk created in the wake of the Seventh Circuit’s July 2026 holding in Franco v. Chobani. The implications of the Court’s opinion extend far beyond whether allulose is a sugar as defined by FDA. Rather, the Court’s decision suggests that food labeling claims founded upon FDA guidance or statements of enforcement discretion, rather than formal rulemaking, are fraught with litigation risk. Consequently, companies should review their labels to identify potentially implicated claims and take necessary states make label changes or reformulate products. Attendees will learn to distinguish between voluntary front-of-pack nutrient content claims and Nutrition Facts panel declarations, both of which are impacted by the Franco court’s reasoning. Attorneys completing this session will be equipped to identify vulnerable labeling and marketing claims and advise clients accordingly.
Sarah L. Brew
Josephine PechousSarah Brew defends Fortune 500 food companies and retailers in consumer fraud class actions challenging the labeling and advertising of food products, including ingredient and nutrient content claims, “healthy” claims, and sustainability practices, and counsels food industry clients on labeling, advertising, and marketing regulations and litigation risk management. She leads Faegre Drinker’s food litigation and regulatory practice, which is nationally ranked by Chambers USA, and is one of only six lawyers in the country ranked in Band 1 by Chambers USA in Food & Beverages: Regulatory and Litigation.
August Horvath chairs the Advertising & Marketing Practice at Foley Hoag LLP in New York. His litigation, counseling, government enforcement, and self-regulatory practice spans all sectors of consumer products and services, with a particular focus on food and beverage labeling. He represents clients in private false advertising and deceptive practices litigation and in matters before the Federal Trade Commission, state Attorneys General, and the National Advertising Division. His Ph.D. and hands-on experience in survey research and statistical analysis inform his work developing substantiation protocols, designing and assessing research into the implied meaning of advertising claims, and working with and against expert witnesses.
Josephine Pechous is particularly well versed in the labeling and advertising of food products and dietary supplements, advising on regulatory compliance and industry best practices while anticipating potential litigation risks. As a member of Faegre Drinker’s nationally recognized food litigation and regulatory practice, she supports teams defending producers, manufacturers, distributors, and retailers in consumer class actions, foodborne illness litigation, and complex food contamination cases, with regulatory experience spanning product labeling and claim substantiation, food safety, dietary supplements, animal agriculture, and toxic torts.
Sarah Brew defends Fortune 500 food companies and retailers in consumer fraud class actions challenging the labeling and advertising of food products, including ingredient and nutrient content claims, “healthy” claims, and sustainability practices, and counsels food industry clients on labeling, advertising, and marketing regulations and litigation risk management. She leads Faegre Drinker’s food litigation and regulatory practice, which is nationally ranked by Chambers USA, and is one of only six lawyers in the country ranked in Band 1 by Chambers USA in Food & Beverages: Regulatory and Litigation.
August Horvath chairs the Advertising & Marketing Practice at Foley Hoag LLP in New York. His litigation, counseling, government enforcement, and self-regulatory practice spans all sectors of consumer products and services, with a particular focus on food and beverage labeling. He represents clients in private false advertising and deceptive practices litigation and in matters before the Federal Trade Commission, state Attorneys General, and the National Advertising Division. His Ph.D. and hands-on experience in survey research and statistical analysis inform his work developing substantiation protocols, designing and assessing research into the implied meaning of advertising claims, and working with and against expert witnesses.
Josephine Pechous is particularly well versed in the labeling and advertising of food products and dietary supplements, advising on regulatory compliance and industry best practices while anticipating potential litigation risks. As a member of Faegre Drinker’s nationally recognized food litigation and regulatory practice, she supports teams defending producers, manufacturers, distributors, and retailers in consumer class actions, foodborne illness litigation, and complex food contamination cases, with regulatory experience spanning product labeling and claim substantiation, food safety, dietary supplements, animal agriculture, and toxic torts.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
