John Fuson is a partner in the firm's Health Care, Product Risk Management (PRM), and White Collar & Regulatory Enforcement groups, focusing on U.S. Food and Drug Administration (FDA) enforcement and counseling matters.
John’s FDA counseling is informed by his role as associate chief counsel at the FDA, prior to joining Crowell & Moring. In this position, he had broad law enforcement responsibilities, handling major enforcement actions brought by the agency, including seizure actions, injunction actions, actions for civil money penalties, and contempt actions. His cases involved drugs, devices, food, and veterinary drugs.
Building on his FDA experience, John is able to offer clients invaluable perspective on FDA matters. He has an insider’s understanding of how the agency thinks, applying its public health focus to his client’s needs regarding product risks and benefits. John also understands the importance of having a strong, trusted relationship with the FDA, and he works with clients to help them develop that. He regularly counsels clients on their critical interactions with the agency, including advising on product approval strategies, reporting obligations, manufacturing practice compliance, labeling concerns, and product recalls. Clients also turn to John for help with answering agency inquiries, handling facility inspections, and responding to observations and warning letters.
Building on his FDA experience, John works primarily with clients in the food, medical device and pharmaceutical industries. He also provides clients in the electronic nicotine delivery industry regulatory guidance related to the Family Smoking Prevention and Tobacco Control Act.
Food Industry: John helps food industry clients navigate new obligations under the Food Safety Modernization Act, handle the burdens of preventive control inspections, evaluate safety risks, and manage product recalls. He also counsels clients on food labeling questions. In these matters, he considers not only the regulatory requirements, but also helps clients balance competitive marketing claims and the threat of false advertising litigation.
Medical Device Manufacturers: John helps medical device manufacturers understand their pathways to market, particularly as FDA seeks to open access to new digital technologies. As they develop claims on labeling and other materials, John helps clients understand risk in competitive marketing environments, including safety concerns, reporting obligations, and Quality System Regulation compliance.
Drug Manufacturers: John assists drug manufacturers with compliance and enforcement matters, focusing on FDA inspections, current good manufacturing practice (GMP) requirements, and data integrity responsibilities. When clients receive inspectional observations, warning letters, and other communications, he helps clients efficiently and effectively respond to agency concerns.
Family Smoking Prevention and Tobacco Control Act: John counsels clients on emerging obligations under the Family Smoking Prevention and Tobacco Control Act, particularly as they relate to FDA’s attempts to balance concerns with electronic nicotine delivery systems and its desire to make tools available to help individuals quit smoking conventional cigarettes.
Animal Food and Veterinary Drugs: While at FDA, John oversaw injunction actions against dairy farms for improper use of new animal drugs and failure to control medicated livestock, oversaw a mass seizure of adulterated pet food from a dirty warehouse, and worked with agency experts to develop an enforcement strategy against distributors of unlawfully compounded new animal drugs. Today, he advises clients on a range of product labeling, content, and manufacturing issues.
John was born in Ohio and grew up in Southern California. After law school, he clerked for Judge Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and now lives with his family in Washington, D.C.
Insights
Speeches & Presentations
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"Minimizing Risks When Launching Smart Medical Devices," Crowell & Moring Webinar, 2023.
(March 9, 2023).
Speakers: Johh Fuson, Anne Elise Herold Li, Garylene Javier.
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"3D Printing at the Point of Care: Compliance and Liability Concerns," Orange County Bar Association, 2022
(November 10, 2022).
Speakers: John Fuson, Hilary Johnson, Andrew McElligott, Robbie Jost.
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"3D Printing at the Point of Care: Compliance and Liability Concerns," Orange County Bar Association Health Care Law Section Webinar, 2022.
(November 10, 2022).
Speakers: John Fuson, Hilary Johnson, Robbie Rogart Jost, and Andew McElligott.
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"FDA Enforcement and Regulatory Trends: What’s Ahead in 2022?," Crowell & Moring Webinar, 2022.
(May 10, 2022).
Speakers: John Fuson and Nicholas J. Diamond.
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"Torts & Product Liability Issues," Crowell & Moring's Supply Chain Webinar Series
(January 12, 2022).
Speakers: Rebecca Baden Chaney, John Fuson, Cheryl A. Falvey, Warren Lehrenbaum, and Carolyn W. Wagner.
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"FDA and the Response to COVID: Lessons Learned, and Where the Agency Goes From Here," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era
(February 23, 2021).
Presenters: John Fuson, Chalana N. Damron, and Nicholas J. Diamond.
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"What legal challenges are presented by availability of a COVID vaccine?" Crowell & Moring Webinar
(December 10, 2020).
Speakers: Cheryl A. Falvey, John Fuson, Thomas P. Gies, and Katie Erno.
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"What Lessons Can Be Learned from Food and Drug Administration Activity in 2020, and How Can Manufacturers of COVID Countermeasures Reduce Risk and Optimize Opportunities?" Crowell & Moring Webinar
(December 7, 2020).
Presenters: Cheryl A. Falvey, John Fuson, Lauren Aronson, Chalana N. Damron, and Hilary Johnson.
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"Anticipating a COVID Vaccine: Considerations for Employers and Consumer Facing Businesses," Crowell & Moring Webinar
(September 21, 2020).
Presenters: John Fuson, Thomas P. Gies, Chalana N. Damron, and Katie Erno.
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"COVID-19 Investigations Webinar – Current Congressional, Federal Agency, and State AG Oversight & Investigations Priorities," Crowell & Moring Webinar
(July 15, 2020).
Presenters: James G. Flood, John Fuson, Natalie O. Ludaway, and Rebecca Monck Ricigliano.
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"Medical Supply Chains: Questions Companies are Asking and Evolving Government Actions in the Aftermath of COVID-19," Crowell & Moring International Webinar
(June 24, 2020).
Presenters: Ambassador Robert Holleyman, Patricia L. Wu, John Fuson, James G. Flood, Himamauli Das, and Joshua Boswell.
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"Navigating Risk As Businesses Expand and Reopen – Anticipating Day One Issues and Beyond," Crowell & Moring Webinar
(April 24, 2020).
Presenters: Trina Fairley Barlow, John Fuson, April Nelson Ross, Rebecca L. Springer, and Katie Erno.
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"COVID-19 And Product Pivoting: Pitfalls and Opportunities," Crowell & Moring Webinar
(April 22, 2020).
Presenters: Jonathan M. Baker, John Fuson, David R. Stepp, Scott L. Winkelman, Chalana Netasha Damron, Stephanie L. Crawford, and Mariam Sarwar.
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"Re-opening Your Business During A Pandemic – A Morass of Legal and Practical Issues To Consider," Crowell & Moring Webinar
(April 21, 2020).
Presenters: Trina Fairley Barlow, Jodi G. Daniel, Ellen Moran Dwyer, Cheryl A. Falvey, John Fuson, Thomas P. Gies, Kate M. Growley, and Nicole Janigian Simonian.
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"CBD and Pet Products: Regulatory Update," American Pet Products Association
(November 21, 2019).
Speakers: John Fuson and Amanda Lineberry.
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"Inspection and Enforcement Authority," FDLI 2019 Food Advertising, Labeling, and Litigation Conference
(September 24, 2019).
Speaker: John Fuson.
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"Cataclysmic Change or Business as Usual: Product Regulation in the Trump Administration," Product Liability Advisory Council Webinar
(October 25, 2018).
Speakers: Cheryl A. Falvey, John Fuson, and Peter B. Miller.
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"Management Oversight and Control: How to Ensure Compliance and Limit Liability," Enforcement, Litigation, and Compliance Conference: For the Drug, Device, Food, and Tobacco Industries, Washington, D.C.
(December 7, 2017).
Panelist: John Fuson.
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"FDA Inspection and Enforcement Trends," ABA Section of Litigation Food & Supplements Seventh Annual Workshop, Hershey, PA
(June 13, 2017).
Panelist: John Fuson.
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"GMO Labeling: Analysis of the New Law and Strategies for Practical Implementation," ACI Food Law and Regulation Forum, Chicago, IL
(May 24, 2017).
Presenter: John Fuson
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"Center for Food Safety and Applied Nutrition (CFSAN)," FDLI Annual Conference, Washington, D.C.
(May 4, 2017).
Panelist: John Fuson
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"The Safety Agencies in Transition – What to Expect at FDA, CPSC, and NHTSA in the First 100 Days," Crowell & Moring Webinar
(March 30, 2017).
Presenters: Cheryl A. Falvey, John Fuson, Matthew Cohen, Scott L. Winkelman, Lauren Bell, Daniel T. Campbell, and Rebecca Baden Chaney.
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"New & Evolving IP Changes Impacting the Landscape," Maximizing the Value of Intellectual Property and Strategic Collaborations, Rockville, MD
(February 7, 2017).
Presenters: John Fuson and Terry Rea.
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"Under the Watchful Eye of the FDA: What Do FDA Warning Letters Tell Us?" Third Annual ABA Life Sciences Legal Summit, San Francisco, CA
(September 21, 2016).
Presenter: John Fuson.
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"UDI Update," FDLI - Hot Topics in Medical Device Law, Washington, D.C.
(March 31, 2016).
Presenter: John Fuson.
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"Food & Beverage Industry: What Will 2016 Bring?" Webinar
(February 10, 2016).
Presenters: John Fuson, Michelle Gillette, Andrew Kaplan, and Chalana N. Williams.
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"Regulatory Considerations in the Medical Device Litigation Discovery Process," Exponent Webinar
(November 12, 2013).
Presenter: John Fuson.
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"How Internal Policies & Practices Can Prevent - or Fuel - a Crisis: Managing a Product Recall Crisis," Crowell & Moring Advertising Product Risk Management Seminar
(March 19, 2013).
Moderator: Laura Jastrem Walther; Panelists: Daniel T. Campbell, John Fuson, and Steve Edwards (Stericycle).
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"Navigating High-Profile Litigation and Administrative Enforcement," Crowell & Moring Advertising and Product Risk Management Seminar
(March 19, 2013).
Moderator: Andrew Kaplan; Panelists: Kevin C. Mayer, Keith J. Harrison, and John Fuson.
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"Consumer Protection and What Obama's 2nd Term Means to Your Business (Including Advertising; Data/Privacy Protection; Product Safety & More)," Association of Corporate Counsel San Francisco Bay Area Chapter, San Francisco and Palo Alto, CA
(February 12-13, 2013).
Presenters: Bridget E. Calhoun; Christopher A. Cole; Cheryl A. Falvey; John Fuson.
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"Failure Analysis, Product Recalls, and Liability Preventative Measures to Help Prevent the FDA from Knocking on Your Door," Exponent and Crowell & Moring, Menlo Park, CA
(January 29, 2013).
Presenters: Kevin C. Mayer and John Fuson.
Publications
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"How To Minimize Risk When Launching Smart Medical Devices," Law360
(September 13, 2022).
Authors: Anne Li, John Fuson, and Garylene Javier.
-
"3D Printing At The Point Of Care: Compliance And Liability Concerns," OC Lawyer
(May 2022).
Authors: Hilary Johnson, and John Fuson.
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"Transitioning from the Public Health Emergency into a Post-Pandemic World," State of the Nation 2022: Product Recall
(February 25, 2022).
Authors: John Fuson and Andrew Kaplan.
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"Key Regulatory Concerns For Cos. Making COVID-19 Products," Law360
(September 22, 2020).
Authors: Cheryl A. Falvey, John Fuson, and Mariam Sarwar.
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"Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements," Crowell & Moring’s Retail & Consumer Products Law Observer
(September 11, 2020).
Authors: Cheryl A. Falvey, John Fuson and Mariam Sarwar.
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"INSIGHT: Blockchain Can Be Ally In Race For Covid-19 Vaccine, Safety," Bloomberg Law
(August 31, 2020).
Authors: Cheryl A. Falvey, Michelle Ann Gitlitz, and John Fuson.
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"A Guide To Evaluating And Advertising COVID-19 Products," Law360
(May 26, 2020).
Authors: Christopher A. Cole, Warren Lehrenbaum, Chalana Netasha Damron, John Fuson, and Lauren Aronson.
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"The Regulatory Pathway To A Vaccine For COVID-19," Law360
(May 22, 2020).
Authors: John Fuson, Anne Elise Herold Li, and Mena Gaballah, PharmD.
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"INSIGHT: Litigation Risks Related To The Defense Production Act," Bloomberg Law
(May 4, 2020).
Authors: John Fuson, Chalana Netasha Damron, and Stephanie L. Crawford.
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"COVID-19 Countermeasure Protections Are Not Absolute," Law360
(April 8, 2020).
Authors: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, and Mariam Sarwar.
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"In Response to COVID-19 Pandemic, FDA Temporarily Changes Nutrition Label Rules for Restaurants and Food Manufacturers," Crowell & Moring’s International Trade Law
(March 27, 2020).
Author: John Fuson.
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"FDA Issues New Guidance for the Management of Cybersecurity in Medical Devices," Crowell & Moring's Health Law Blog
(October 19, 2018).
Authors: Jodi G. Daniel, John Fuson, Brandon C. Ge, and Amber Mulcare.
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"A Science-Driven Agency Makes a Science-Based Decision: FDA Acknowledges Qualified Health Claim Aimed at Preventing Peanut Allergies," Crowell & Moring's Retail & Consumer Products Law Observer
(September 25, 2017).
Author: John Fuson
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"The Devil is in the Details: Recordkeeping a Central Focus in FSMA Inspections," Crowell & Moring's Retail & Consumer Products Law Observer
(May 9, 2017).
Authors: John Fuson and Chalana N. Williams.
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"Safety Agencies after Trump’s “2 for 1” Executive Order: What it May Mean for Regulating the Safety of IoT and other Emerging Technologies," Crowell & Moring's Retail & Consumer Products Law Observer
(March 22, 2017).
Authors: Cheryl A. Falvey and John Fuson.
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"The FDA Unveils an Updated Nutrition Facts Label," Crowell & Moring's Retail & Consumer Products Law Observer
(May 24, 2016).
Authors: John Fuson and Chalana N. Willams.
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"Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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"Food & Beverage — The Belt Gets Tighter," Crowell & Moring's Regulatory Forecast 2016
(January 2016).
Contributors: John Fuson and Andrew Kaplan.
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"The Long and Winding Road for BIOSIMILARS: Charting a Pathway through Patent, FDA, Antitrust, Prescription Filling, Reimbursement and Liability Law," Bloomberg BNA Pharmaceutical Law & Industry Report
(September 18, 2015).
Authors: Chiemi Suzuki, Deborah H. Yellin, Barbara H. Ryland, Lauren B. Patterson, and John Fuson.
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"New Food Recall Guidance May Signal Tougher FDA," Law360
(May 22, 2015).
Authors: John Fuson and Chalana N. Williams.
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"Sunscreen Innovation Act Paves Way for New OTC Sunscreen Ingredients U.S. Market Approval," Crowell & Moring's Health Law Blog
(February 24, 2015).
Authors: John Fuson and Monica M. Welt.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"Don't Mistake FDA's Peanut Prosecution As Setting The Bar," Law360
(April 2, 2013).
Co-Authors: Ann Mason Rigby and John Fuson.
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"More FDA Detention Slips For Food Cos." Law360
(March 6, 2013).
Co-Authors: John Fuson and Michael L. Kuppersmith.
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"Frankenfood Fight: Why Mandatory Labeling of GMO Foods is Unnecessary and Unwise," Pesticide & Chemical Policy Week in Review
(October 26, 2012).
Co-Authors: John Fuson and Warren Lehrenbaum.
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"FDA Publishes Cyber Guidance for Medical Devices," Crowell & Moring's Health Law Blog
Co-Authors: Evan D. Wolff, John Fuson, Elliot Golding, Kathryn A. Linsky and David Z. Bodenheimer
Client Alerts & Newsletters
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"The FDA Releases New Draft Guidance on Considering Health Care Disparities When Reviewing Proposed Devices,"
Health Care Alert
(November 3, 2022).
Contacts: Jodi G. Daniel, John Fuson, Eunice Lalanne
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"FDA Issues Final Guidance on Clinical Decision Support Software,"
Mass Tort, Product, and Consumer Litigation Alert
(October 10, 2022).
Contacts: Jodi G. Daniel, Tara Singh, John Fuson, Robbie Rogart Jost, Rachael Padgett, Lidia Niecko-Najjum
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"FDA Solicits Input on Regulatory Approach to 3D Printing of Medical Devices at the Point of Care,"
Mass Tort, Product, and Consumer Litigation Alert
(December 13, 2021).
Contacts: John Fuson, Hilary Johnson
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"GAO Calls on FDA to Prepare to Resume Inspections of Drug Manufacturers,"
Administrative Law Alert
(February 9, 2021).
Contacts: John Fuson, Eryn Howington
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"FDA Postpones DSCSA Provision Enforcement by Three Years,"
Mass Tort, Product, and Consumer Litigation Alert
(November 5, 2020).
Contacts: John Fuson, Andrew D. Kaplan, Luke Bresnahan
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"FDA Warning Letter Sends Pointed Message to Industry about EUAs and Compliance,"
Mass Tort, Product, and Consumer Litigation Alert
(October 9, 2020).
Contacts: John Fuson, Mariam Sarwar
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"FDA Plans to Resume Domestic Facility Inspections,"
Mass Tort, Product, and Consumer Litigation Alert
(July 17, 2020).
Contacts: John Fuson, Emily Tucker
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"FinCEN Provides Additional Guidance for Financial Institutions on Hemp-Related Businesses,"
International Trade Bulletin
(July 10, 2020).
Contacts: Caroline E. Brown, Carlton Greene, John Fuson, Nicole Sayegh Succar
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"FDA Advises Consumers to Avoid Hand Sanitizers Found to Contain Methanol,"
Mass Tort, Product, and Consumer Litigation Alert
(June 23, 2020).
Contact: John Fuson
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"HHS Advisory Opinion Clarifies PREP Act Preemption Measures and Protection for Pharmacists,"
Mass Tort, Product, and Consumer Litigation Alert
(May 27, 2020).
Contacts: John Fuson, Mariam Sarwar
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"Post COVID-19: FDA Regulatory Considerations for Face Mask and PPE Companies,"
Mass Tort, Product, and Consumer Litigation Alert
(May 26, 2020).
Contact: John Fuson
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"Re-Thinking Dining in the Age of COVID-19: Follow FDA Best Practices for Re-Opening Retail Food Establishments,"
Mass Tort, Product, and Consumer Litigation Alert
(May 15, 2020).
Contacts: John Fuson, Emily Tucker
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"FDA Reissues EUA for Non-NIOSH Approved Respirators Manufactured in China,"
Mass Tort, Product, and Consumer Litigation Alert
(May 8, 2020).
Contacts: John Fuson, Mariam Sarwar
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"FDA Tightens the Rules for Antibody (Serology) Test Manufacturers,"
Mass Tort, Product, and Consumer Litigation Alert
(May 5, 2020).
Contact: John Fuson
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"FDA Reminds Companies Manufacturing Hand Sanitizer of the Importance of Using Denatured Alcohol and Continues to Closely Monitor COVID-19 Claims,"
Mass Tort, Product, and Consumer Litigation Alert
(May 1, 2020).
Contact: John Fuson
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"FDA Turns to 503A Compounding Facilities to Mitigate COVID-19 Drug Shortages,"
Mass Tort, Product, and Consumer Litigation Alert
(May 1, 2020).
Contacts: John Fuson, Anne Elise Herold Li, Mariam Sarwar
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"FDA Issues Final Guidance Aimed at Alleviating COVID-19 Drug Shortages through Outsourcing Facilities,"
Mass Tort, Product, and Consumer Litigation Alert
(April 21, 2020).
Contacts: John Fuson, Anne Elise Herold Li, Mariam Sarwar
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"NIOSH-Approved Respiratory Protective Devices Are Now "Covered Countermeasures" Against COVID-19,"
Mass Tort, Product, and Consumer Litigation Alert
(April 15, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Mariam Sarwar
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"Mitigating COVID-19 Related Litigation Risk in the Food Industry: Follow FDA Best Practices,"
Mass Tort, Product, and Consumer Litigation Alert
(April 15, 2020).
Contacts: John Fuson, Emily Tucker
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"FDA Final Guidance for PPE Shortages at Sterile Compounding Pharmacies not Registered as Outsourcing Facilities,"
Mass Tort, Product, and Consumer Litigation Alert
(April 14, 2020).
Contact: John Fuson
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"Massachusetts Governor Affirmatively Employs PREP Act Protections in State Healthcare System,"
(April 11, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Stephanie L. Crawford, Mariam Sarwar
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"In Response to COVID-19 Pandemic, FDA Temporarily Changes Packaging and Labelling Requirements for Shell Eggs,"
Mass Tort, Product, and Consumer Litigation Alert
(April 10, 2020).
Contacts: John Fuson, Emily Tucker
-
"FDA Recommends Social Distancing in Food Facilities to Prevent the Spread of COVID-19,"
Mass Tort, Product, and Consumer Litigation Alert
(April 8, 2020).
Contacts: John Fuson, Emily Tucker
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"Emergency Use Authorization for Ventilators and Related Equipment,"
Mass Tort, Product, and Consumer Litigation Alert
(April 7, 2020).
Contacts: John Fuson, Mariam Sarwar
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"FDA Releases New Enforcement Policy for Face Masks and Respirators,"
Mass Tort, Product, and Consumer Litigation Alert
(April 7, 2020).
Contact: John Fuson
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"The FDA Reverses Course and Authorizes the Importation of Non-NIOSH Approved Respirators Manufactured in China,"
Mass Tort, Product, and Consumer Litigation Alert
(April 6, 2020).
Contacts: John Fuson, Mariam Sarwar
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"Section 564 of the Federal Food, Drug, and Cosmetics Act: Emergency Use Authorization,"
Mass Tort, Product, and Consumer Litigation Alert
(March 30, 2020).
Contact: John Fuson
-
"FDA and TTB Allowing Distilleries to Produce Hand Sanitizers to Combat COVID-19,"
Tax Alert
(March 30, 2020).
Contact: John Fuson
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"PREP Act Immunity from Liability for COVID-19 Related Medical Equipment,"
Mass Tort, Product, and Consumer Litigation Alert
(March 27, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Mariam Sarwar
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"In Response to COVID-19 Pandemic, FDA Temporarily Changes Nutrition Label Rules for Restaurants and Food Manufacturers,"
(March 27, 2020).
Contacts: John Fuson, Emily Tucker
-
"Immunity Protections for Product Manufacturers and Distributors Under the PREP Act,"
Mass Tort, Product, and Consumer Litigation Alert
(March 23, 2020).
Contacts: Cheryl A. Falvey, Clifford J. Zatz, James G. Flood, Terry Rea, John Fuson, Mariam Sarwar
-
"USDA - Expanded Use of the Term 'Healthy',"
(March 23, 2020).
Contact: John Fuson
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"FDA Presses Pause on Domestic and Foreign Inspections for all FDA-Regulated Products Due To COVID-19 Concerns,"
Mass Tort, Product, and Consumer Litigation Alert
(March 20, 2020).
Contacts: John Fuson, Emily Tucker
-
"FDA Enforcement Trends: Reflecting on 2019 and Looking Onward to 2020,"
(March 16, 2020).
Contacts: John Fuson, Emily Tucker
-
"FDA Enforcement Trends: Reflecting on 2019 and Looking Onward to 2020,"
Mass Tort, Product, and Consumer Litigation Alert
(February 12, 2020).
Contacts: John Fuson, Emily Tucker
-
"FDA Enforcement Trends: Reflecting on 2019 and Looking Onward to 2020,"
Mass Tort, Product, and Consumer Litigation Alert
(January 16, 2020).
Contacts: John Fuson, Emily Tucker
-
"FDA Cracks Down on Health Claims in CBD Advertisements,"
Mass Tort, Product, and Consumer Litigation Alert
(December 10, 2019).
Contact: John Fuson
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"Supreme Court Decision Raises New Questions on Impossibility Preemption in Cases Challenging Sufficiency of Drug Label Warnings,"
Mass Tort, Product, and Consumer Litigation Alert
(June 7, 2019).
Contacts: John Fuson, Andrew D. Kaplan, Robbie Rogart Jost
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"There May Be Hope for That Label Claim, After All: FDA Proposes to Add Additional Non-Digestible Carbs to the Definition of Dietary Fiber,"
Mass Tort, Product, and Consumer Litigation Alert
(April 2, 2019).
Contact: John Fuson
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"Recent Happenings in Advertising & Product Risk Management – February 2018,"
Advertising & State AG Alert
(February 26, 2018).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Helen O. Ogunyanwo
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"Recent Happenings in Advertising & Product Risk Management – December 2017,"
Advertising & State AG Alert
(December 20, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Rebecca Baden Chaney, Robbie Rogart Jost, Kate M. Watkins, Rukiya Mohamed
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"Recent Happenings in Advertising & Product Risk Management – October 2017,"
Advertising & State AG Alert
(October 3, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Preetha Chakrabarti
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"Recent Happenings in Advertising & Product Risk Management – July 2017,"
Advertising & State AG Alert
(July 25, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
-
"Recent Happenings in Advertising & Product Risk Management – May 2017,"
Advertising & State AG Alert
(May 17, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
-
"Recent Happenings in Advertising & Product Risk Management – March 2017,"
Advertising & State AG Alert
(March 27, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
-
"FDA Draft Guidance: Design Considerations and Pre-market Submission Recommendations for Interoperable Medical Devices,"
Regulatory Alert
(February 1, 2016).
Contacts: Jodi G. Daniel, John Fuson
-
"Revised EU Novel Foods Regulation Simplifies Approval Process, Increases Food Innovation, and Maintains High Food Safety Standards,"
Advertising & State AG Alert
(December 2015).
Contact: John Fuson
-
"'Natural' Claims: FDA Requests Comments on Use of the Term 'Natural' on Food Labeling,"
Advertising & State AG Alert
(November 13, 2015).
Contacts: Cheryl A. Falvey, John Fuson, Andrew D. Kaplan
-
"A Hashtag Away from a Warning Letter? Kim Kardashian’s Instagram Post Triggers FDA Warning Letter that Sends a Strong Message to Drug Makers,"
Advertising & State AG Alert
(August 2015).
Contact: John Fuson
-
"U.S.D.A. Announces Plans to Implement a Non-GE Verification Program,"
Advertising & State AG Alert
(May 2015).
Contact: John Fuson
-
"Draft Guidance for Industry on Mandatory Food Recalls Available for Public Comment,"
Advertising & State AG Alert
(May 12, 2015).
Contact: John Fuson
-
"U.S. District Court Declines to Enjoin Vermont's Genetically Engineered Ingredient Labeling Law,"
Advertising & State AG Alert
(May 1, 2015).
Contact: John Fuson
-
"Bipartisan Bill Would Expand FDA’s Reach Over "Personal Care Products" and Cosmetics,"
Advertising & State AG Alert
(April 2015).
Contact: John Fuson
-
"Sunscreen Ingredients' New Path to U.S. Market Approval,"
Advertising & State AG Alert
(February 19, 2015).
Contact: John Fuson
-
"FDA's Latest Round of Warning Letters Signal that the Agency is Closely Watching and Policing Improper "Healthy" Claims,"
Advertising & State AG Alert
(January 28, 2015).
Contact: John Fuson
-
""Natural" Food Labeling Decision Delivers Defense-friendly Clarity,"
Advertising & State AG Alert
(December 19, 2014).
Contacts: John Fuson, Robbie Rogart Jost
-
"New Danger in Delay: FDA Guidance Merits Review of Internal Procedures for Facility Inspections,"
Advertising & State AG Alert
(November 21, 2014).
Contact: John Fuson
-
"FDA Publishes Cyber Guidance for Medical Devices,"
Advertising & State AG Alert
(October 7, 2014).
Contacts: Evan D. Wolff, John Fuson
-
"FDA Issues New Guidance on the Unique Device Identification System,"
Advertising & State AG Alert
(August 22, 2014).
Contact: John Fuson
-
"FDA Prohibits Claims of High Levels of Omega-3s on Food Labels,"
Advertising & State AG Alert
(May 22, 2014).
Contact: John Fuson
-
"Stakeholders Urge Increased Flexibility, Transparency, and Accountability in FDA OTC Drug Review Process,"
Advertising & State AG Alert
(May 22, 2014).
Contact: John Fuson
-
"District Court Allows Class Action Lawsuit over '100% Natural' Claims to Proceed,"
Advertising & State AG Alert
(April 17, 2014).
Contact: John Fuson
-
"FDA to Consider Overhaul of Over-the-Counter Drug Approval Process,"
Advertising & State AG Alert
(March 10, 2014).
Contact: John Fuson
-
"Top 5 Changes FDA Proposes for Nutrition Labels,"
Advertising & State AG Alert
(March 3, 2014).
Contact: John Fuson
-
"This Month in International Trade - December 2013,"
International Trade Bulletin
(January 8, 2014).
Contacts: John B. Brew, Daniel Cannistra, Thomas De Meese, John Fuson, Alan W. H. Gourley, Jeffrey L. Snyder, David (Dj) Wolff, Edward Goetz, Pierce Lee
-
"FDA Proposes Rule Imposing New Requirements for Manufacturing Practices, Hazard Analysis, and Preventive Controls for Animal Foods,"
Advertising & State AG Alert
(November 21, 2013).
Contact: John Fuson
-
"In The Wake of Recent Supreme Court's Decisions, FDA Proposes Change to Generic Drug Labeling Rule,"
Advertising & State AG Alert
(November 21, 2013).
Contact: John Fuson
-
"FDA Issues Final Guidance on Mobile Medical Apps,"
Advertising & State AG Alert
(October 24, 2013).
Contact: John Fuson
-
"This Month in International Trade - July 2013,"
International Trade Bulletin
(August 9, 2013).
Contacts: John B. Brew, John Fuson, Alan W. H. Gourley, Maria Alejandra (Jana) del-Cerro, David (Dj) Wolff
-
"FDA Proposes New Food Safety Rules Requiring Importers to Verify Compliance of Foreign Suppliers and Establishing Third-Party Accreditation Standards,"
Advertising & State AG Alert
(August 8, 2013).
Contacts: John Fuson, John B. Brew
-
"FDA Issues Definition for 'Gluten-Free' on Food Labels,"
Advertising & State AG Alert
(August 6, 2013).
Contact: John Fuson
-
"Supreme Court Again Finds Federal Preemption of Liability for Generic Drug Manufacturers: Will the FDA Finally Step In?,"
Advertising & State AG Alert
(July 23, 2013).
Contact: John Fuson
-
"Food Safety Regulation Deadline: Court Orders FDA To Propose Regulations By November 30,"
Advertising & State AG Alert
(June 27, 2013).
Contact: John Fuson
-
"The Supreme Court Rejects "Specious, but Scary-Sounding, 'Jurisdictional' - 'Nonjurisdictional'" Distinctions in City of Arlington v. FCC,"
Advertising & State AG Alert
(June 20, 2013).
Contacts: Thomas (Tim) C. Means, John Fuson
-
"New FDA Guidance Offers Medical Device Makers New Options for Seeking Priority Review of Premarket Submissions and Appealing Adverse Decisions,"
Advertising & State AG Alert
(June 20, 2013).
Contact: John Fuson
-
"Recent Happenings in Advertising & Product Risk Management - April 2013,"
Advertising & State AG Alert
(April 19, 2013).
Contacts: Cheryl A. Falvey, John Fuson, Jeffrey L. Poston
-
"Study Finds Lead Contamination in Rice Imports—Could Litigation Be Close Behind?,"
Advertising & State AG Alert
(April 15, 2013).
Contacts: Cheryl A. Falvey, John Fuson, Kathleen Taylor Sooy
-
"This Month in International Trade - March 2013,"
International Trade Bulletin
(March 29, 2013).
Contacts: John B. Brew, John Fuson, David (Dj) Wolff
-
"FDA Adopts Final Rule Authorizing Broad Authority to Detain Food,"
Advertising & State AG Alert
(February 7, 2013).
Contacts: John Fuson, Cheryl A. Falvey, John B. Brew
-
"FDA Releases New Rule Directing the Application of Current Good Manufacturing Practices for Combination Products,"
Advertising & State AG Alert
(January 30, 2013).
Contact: John Fuson
-
"FDA Issues Sweeping New Regulations Targeting Food Manufacturers, Processors, Packers, Holders, and Farms,"
Advertising & State AG Alert
(January 8, 2013).
Contacts: John Fuson, John B. Brew
-
"New Study Raises More Questions About Triclosan Health Effects,"
Advertising & State AG Alert
(August 20, 2012).
Contact: John Fuson
-
"Congressional Report Critical of FDA Enforcement Protocol,"
Life Sciences Alert
(June 20, 2012).
Contacts: John Fuson, Keith J. Harrison
Press Coverage
-
The Top Three Areas To Watch On The FDA Agenda In 2023
January 18, 2023 — Axios
-
Life After COVID – What Is Next For Medical Device Companies?
March 17, 2022 — Med-Tech News
-
3D printing devices on site: healthcare hero or hazard?
February 22, 2022 — Medical Technology
-
Pfizer’s Newest Vaccine Plant Has Persistent Mold Issues, History of Recalls
March 10, 2021 — Kaiser Health News
-
US FDA Gets Lesson In 'Unintended Consequences' From Relaxing Sanitizer Production Standards
December 7, 2020 — HBW
-
When Manufacturing New Product Lines, Be Aware Of New Compliance Risks
June 5, 2020 — Compliance Week
-
FDA Relaxes Food-Labeling Rules During COVID-19 Crisis
April 7, 2020 — Law360
-
FDA Eases Labeling Rules To Help US Restaurants Shift To Take-Out Model
April 7, 2020 — Seafood Source
-
DOJ Memo Could Offer Additional Defenses In Enforcement Actions
May 9, 2018 — MedTech Insight
-
DOJ Enforcement Stance Won't Give Companies Free Rein
May 4, 2018 — Bloomberg BNA
-
Protecting Against Individual Prosecutions: Execs Remain A Focus, But There Are Ways To Reduce Risks
December 13, 2017 — Medtech Insight
-
Cyberattacks Have Yet to Hurt Health Care's Bottom Line
September 12, 2016 — Politico
-
Attorneys Want FDA to Improve Postmarket Compliance Guidance
June 24, 2016 — Bloomberg BNA
-
Food & Beverage Cases to Watch In 2015
January 2, 2015 — Law360
-
Life Sciences Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
-
Conferences: Planning, Coordination, Consistency Urged In Talks Geared to Business and Its Counsel
March 25, 2013 — Bloomberg BNA Product Safety & Liability Reporter
Firm News & Announcements