Food, Drug and Cosmetic Law Section Home

  • Food And Drug Section Photo
    Welcome to the Food, Drug and Cosmetic Law Section
  • Annual Report Rotating Slider
    Food, Drug and Cosmetic Law Section Annual Report The 2014-15 NYSBA Annual Report is now available online. View a brief overview of the FDC Section’s accomplishments, activities and events this past year. (click image to view)
  • Events
    • May 26, 2016 FDC Developments in Self-Regulation of Over-the-Counter, Cosmetic and Dietary Supplement Advertising Claims

      Food, Drug and Cosmetic Law Section
      Cosmetic Law and Food Law Committees Present:

      Developments in Self-Regulation of Over-the-Counter, Cosmetic and Dietary Supplement Advertising Claims

      Thursday, May 26, 2016

      3:00 pm - 5:00 pm 

      McGuireWoods LLP 
      1345 Avenue of the Americas, 7th Floor 
      New York, NY 10105

      An expert panel of private practitioners, in-house counsel, and staff attorneys of the ASRC National Advertising Division (NAD) program administered by the Council of Better Business Bureaus will discuss the NAD's self-regulatory program for challenging deceptive and unsubstantiated advertising claims, and analyze recent and noteworthy NAD challenges and decisions regarding advertising claims for OTC drugs, cosmetics and dietary supplement products.

      Registration Fees:
      Member: $50.00
      Non Member: 75.00

      Register online 

      2.0 Credits in Professional Practice for experienced attorneys only.
      This program is not suitable for newly admitted attorneys.

      Agenda:
      3:00 - 3:25 Introduction and Overview of NAD Self-Regulatory Process
      Thomas Cohn, General Counsel, Atlantic Coast Brands, Jersey City, NJ
      Jennifer Orendi. Esq., San Diego, CA
      Rebecca Griffith, Senior Attorney, National Advertising Division, New York, NY

      3:25 - 3:55 Advertising Challenges regarding Dietary Supplements
      Thomas Cohn, General Counsel, Atlantic Coast Brands, Jersey City, NJ
      Katherine Dunnigan, Senior Attorney, National Advertising Division, New York, NY

      Topics for discussion include: 

      • Competent and reliable evidence for health-related claims
      • Ingredient testing
      • Meta-analysis and scientific consensus
      • Testimonials and social media disclosures
      • Net impression and "reasonableness" in messages

      3:55 - 4:25 Advertising Challenges regarding Cosmetics
      Jennifer Orendi, Esq., San Diego, CA
      Rebecca Griffith, Senior Attorney, National Advertising Division, New York, NY

      Topics for discussion include: 

      • Substantiation of claims using scientific studies and experts
      • Linking of claims to advertised benefits, including functional claims and claims of appearance, such as "visibly younger looking" and "firming" 
      • Use of "before" and "after" photographs
      • Puffery, denigration and misleading messages

      4:25 - 4:55 Advertising Challenges regarding OTC Drugs
      David S. Weinstock, Esq., Weston, CT
      Katherine Dunnigan, Senior Attorney, National Advertising Division, New York, NY

      Topics for discussion include: 

      • Use of human clinical studies to substantiate claims
      • Statistical significance and clinical relevance of evidence
      • "Doctor-recommended" claims and comparative claims in television, radio and Internet advertising, as well as on product packaging

      4:55 - 5:00 Questions & Answers

      5:00 - 6:00: Networking Reception

      Register online 


  • Welcome to the Section

    Welcome to the Food, Drug and Cosmetic Law Section 

    More than 70 years ago, the Food, Drug and Cosmetic Law Section became one of the first sections to be formally organized by the New York State Bar Association. During the ensuing years, this group - the first organization in the country to be composed of in-house, law firm, government and trade association attorneys practicing food and drug law - has been a focal point for practitioners in this specialty. We welcome you to our expanded website! 


  • Section Programs
  • Join the Section

    Why Join the NYSBA Food, Drug and Cosmetic Law Section?

    Want to improve your professional skills and knowledge? It's easy when you join the Food, Drug and Cosmetic Law Section. Whether it's through meetings, good old-fashioned networking, participating in MCLE programs, professional resources, or legislation, Section activity is the key to keeping you informed on the latest developments in the food, drug and cosmetic law field. The Section also acts as a resource for business, civic and governmental groups.

    View Section's Brochure for Membership Benefits

    Join this Section.

    The 2014-15 New York State Bar Association Annual Report is now available online. View a brief overview of the Food, Drug & Cosmetic Law Section’s accomplishments, activities and events this past year. 

    Are you interested in volunteering for a Section Committee?  Please email your staff liaison to indicate the committees you wish to join.  Thank you!