Partner and Chair of the Advertising & Marketing Practice August Horvath will speak on the myLawCLE panel “Defending Label Claims Built on FDA Enforcement Discretion: Allulose After Franco v. Chobani.” The Seventh Circuit's July 2026 decision in Franco v. Chobani — reversing dismissal of a consumer-fraud class action challenging "zero sugar" front-of-package claims on products sweetened with allulose — has created immediate, concrete risk for food and beverage companies whose labels depend on informal Food and Drug Administration (FDA) guidance rather than binding rules. 

This program equips attorneys to respond to that risk on two fronts: first, by auditing existing client label portfolios to identify claims built on enforcement discretion and assess their exposure under state consumer-protection statutes; and second, by developing and evaluating the strongest available defense strategies — including federal preemption, primary jurisdiction, and challenges to class certification — in the litigation that Franco has now made more likely. Attendees will work through the doctrinal distinctions Franco turned on, including the difference between Nutrition Facts panel declarations and front-of-package nutrient content claims, and will leave with practical tools including a structured label-audit methodology, a framework for multi-state exposure analysis, and a doctrinal map of defense arguments that remain viable across circuits. The program is designed for litigators, regulatory counsel, and food-industry advisors who handle labeling disputes, consumer class actions, or FDA compliance work — whether or not they have previously worked in food and beverage matters specifically.