OFW and AFI Invite You to a Food Industry Update: Trends in Customs and Trade and Litigation

Thursday, September 21 from 12:00 – 1:00 p.m.

Click here to register for this event.  Space is limited.

In today’s global economy, the regulatory and legal landscape can change quickly.  OFW will provide a high-level review of customs and trade and litigation trends that could affect product compliance and liability, and the ability to market products. The update will focus on the following topics and be followed by Q&A.

Customs and Trade Topics:
Forced Labor is a top CBP priority
o Trends in CBP enforcement will be explored including CBP’s strong recent emphasis on products with ties to the XUAR. CBP has targeted 5,000 shipments under the UFLPA valued at $1.8 billion.

Antidumping/Countervailing Duty
o Recent actions initiating or expanding AD/CVD on food and food packaging products will be discussed.

China tariffs exclusions
o We will discuss the potential for extensions of existing seafood exclusions and/or restarting a broader exclusion application process, as well as the court challenge to the legality of these tariffs.

Other ongoing trends
o Other trends such as increased CBP targeting capabilities and nearshoring of supply chains will be addressed.

Litigation Topics:

California’s Proposition 65
o Notices and complaints involving food products have exploded. Trends by chemical, type, and settlement amounts will be reviewed, and trending topics, including the acrylamide litigation (the First Amendment issue in the Ninth Circuit and the defective notices requiring mass dismissals in state court), the defense for naturally occurring chemicals in fish, seafood, fruits and vegetables, the variation of chemical composition across lots, and exposure analysis.

Unfair and deceptive trade practices
o There have been recent trending developments in successful defenses to alleged misleading claims.  Specifically successful slack-fill and “all-natural” defenses will be explained.

Presenters include the following OFW Principals:

Ben England is a 17-year FDA veteran in scientific, regulatory, criminal investigation and senior policy roles, including Regulatory Counsel to the Associate Commissioner for Regulatory Affairs. He represents hundreds of domestic and foreign clients in FDA and Customs enforcement matters and acts as an expert witness in complex litigation.

Jennifer Gross leads OFW’s Litigation Practice and is a former partner at a large complex litigation firm.  She specializes in litigation involving science and quantitative analysis and is licensed to practice law in California.  Prior to joining OFW, she was a doctoral fellow at the RAND Corporation and an Institute of Medicine/FDA tobacco regulatory science fellow.

Jessica Rifkin leads OFW’s Customs and Trade Practice and has decades of experience in all aspects of Customs law. Jessica has assisted numerous food importers and others in the food industry with complex compliance and enforcement issues.  She has particular experience in forced labor/UFLPA matters, including obtaining the lifting of four withhold release orders (WROs) and the first Finding lifted in over 25 years.


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