Supreme Court and Federal Appellate Court decisions can dramatically alter the landscape for food and dietary supplement marketing. This panel will discuss commercial speech in light of ABA v. San Francisco and NILFA v. Becerra, how several pending Supreme Court cases could impact FDA deference during litigation, and what the ultimate disposition of Frank v. Gaos could mean for Article III standing for class action plaintiffs. The recent trend of state courts allowing private lawsuits for FDCA violations, despite such actions seemingly being preempted by the Supreme Court’s 2001 decision in Buckman v. Plaintiff Legal Comm., will also be discussed.
Matt Ball will be participating as one of the panelists alongside Anthony J. Anscombe, Partner at Steptoe & Johnson LLP. The panel discussion will be moderated by Amy E. Hancock, Executive Vice President and General Counsel at American Beverage Association.