Navigating Food Law: FDA Oversight, False Advertising Claims, and MAHA-Era Developments

Anthony J. Anscombe | Steptoe LLP

Anthony Anscombe is the chair of Steptoe’s Consumer Litigation group. As group leader, he supports his colleagues at all levels of experience to find success practicing law the way they want to practice. He fosters an environment of collegiality, professional growth, and common endeavour.

Anthony’s diverse practice centers on the intersection between civil litigation and the pervasive regulatory schemes that govern the food and beverage, life science, cosmetic, and retail industries. He devotes most of his time to the defense of class actions involving allegations of consumer fraud, deceptive trade practices, breach of warranty, and violations of consumer protection statutes.

For his food and beverage, life science, personal care, and retail clients, Anthony provides counsel on advertising compliance, risk management, and a wide range of commercial practices. He also has broad experience in mass tort, product liability, and toxic tort litigation.

Anthony’s approach to client service is informed by over 35 years of experience, but is equally driven by his belief that each new assignment requires a fresh assessment and provides an opportunity for a creative solution. Anthony particularly enjoys presenting novel and complex legal, scientific, and procedural arguments. He speaks and writes frequently on issues relating to litigation reform and believes the law will not change unless practitioners try to change it.

Melanie Ayerh | Steptoe LLP

Melanie Ayerh focuses her practice primarily on complex commercial and class action litigation. Melanie has experience counseling and defending corporate entities, including Fortune 500 companies, in consumer fraud, product liability, violations of consumer protection statutes, toxic exposures, and mass tort matters. She has extensive experience in all phases of litigation, from inception through discovery and trial.

Melanie’s background in biology and chemistry has allowed her to develop a particular proficiency in technical, scientific, and medical matters, including issues related to toxic exposure and their sequelae. She strives to develop efficient and creative strategies to advance her clients’ interests and has obtained favorable results through pre-filing negotiations, dispositive motion practice and settlement negotiations.

Carly Rolph | Steptoe LLP

Carly is a member of the Consumer Litigation group, where she focuses her practice on products liability, false advertising and unfair competition, fraud, consumer protection litigation, and other complex commercial disputes, with a particular focus on FDA-regulated products. Currently, she is also representing clients in the area of public sector labor relations, which includes challenging federal and state government action based on compliance with the National Environmental Policy Act (NEPA), and defending against claims of discrimination.

Carly has counselled domestic and international clients on regulatory compliance related to food and drug matters, with an emphasis on food, dietary supplements, product labelling, food additives, food-contact materials, and drug packaging. She advises companies on efficient ways to establish a suitable regulatory status for their products, and assists in obtaining regulatory clearances for food additives and food-contact materials in jurisdictions throughout the world, including the United States and the European Union (EU).

Carly has a background in chemistry and biology with research experience that includes cell biology and organic chemistry. Her scientific background is valuable in assisting clients with technical aspects of regulatory work, as well as litigation matters that involve challenging technical and scientific issues.

Prior to joining Steptoe, Carly was a law clerk for the Hon. Robert D. Mariani of the US District Court for the Middle District of Pennsylvania, where she drafted opinions and orders addressing various pre- and post-trial motions in civil and criminal matters, prepared materials for trials, hearings and oral arguments, and conducted legal research.

I. The basics of how FDA regulates against the misbranding and adulteration of food | 1:00pm – 1:30pm

II. How FDA and FTC police the advertising of foods and beverages | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Recurring themes in false advertising litigation | 2:10pm – 2:40pm

IV. How the legal landscape may change as a result of MAHA priorities | 2:40pm – 3:10pm