Food, Drug & 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!
Contact the Food, Drug & Cosmetic Law Section Liaison
To learn more about this Section, please contact Kate Tortora
ktortora@nysba.org
(518) 487-5531
Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.
Larissa Bergin
Larissa Bergin of Washington, DC is the new chair of the Food, Drug and Cosmetic Law Section.
Bergin is a partner of Jones Day. Her practice addresses the antitrust concerns arising from mergers and acquisitions matters, joint ventures, federal investigations, and commercial practices.
A 12-year member of the State Bar, Bergin most recently served as secretary of the Food, Drug and Cosmetic Law Section. She also is a member of the Antitrust Law Section and the Membership Committee.
Bergin graduated from Boston University, magna cum laude, and earned her law degree from Catholic University of America School of Law, magna cum laude.
Section History
The New York State Bar Association (NYSBA) established the Food, Drug and Cosmetic Law Section in 1945 as one of the first sections of the NYSBA.
The Food, Drug and Cosmetic Law Section was formed in 1945 following enactment of the Food, Drug and Cosmetic Act of 1938 (“the Act”). This NYSBA section was the first of its kind in the nation, serving as the forum for those experts in this field in the private and public sectors. The Chair cited the importance of the increasing the bar’s knowledge of the Act, the work of the Food and Drug Administration, the intended consumer benefits, and the enhancement of technical and ethical standards of industries involved.
“The action of the Association, setting up a Section on Food, Drug and Cosmetic Law, is worthy of special notice not only as this is the first Section of its kind, but also because it will tend to give this branch of law the prestige, the dignity, and the attention which it so clearly merits.” – Charles Wesley Dunn, first Chair, on the creation of the Section.
In addition to food, drug, and cosmetic issues, committees were also created on related fields of practice. Within several years of creation, the Section successfully urged creation of a Food and Drug Committee within the Administrative Law Section of the American Bar Association. Over the years, the Food, Drug and Cosmetic Law Section’s committees have evolved to meet the times.
In its first year, the Section began professional education programs continued today on legislative and administrative developments, ramifications of amendments to the Act, enforcement procedures, approval and marketing in interstate commerce, advertising compliance, and product liability issues. The focal point for the Section’s professional education has always remained the NYSBA’s Annual Meeting, supplemented with specialty topics and events throughout the year.
Online Community
Legal and Regulatory Legislative Memoranda
- Comments on COVID-19 Task Force’s Revised Resolution No. 3, “COVID-19 Vaccine and Virus Testing Legal Reforms – October 2020
- Comments re FDAs Guidance Entitled “Nonproprietary Naming of Biological Products – May 2019
- Comments re FDA’s Definition of the term “Biological Product” – February 25, 2019
- Comments re FDA’s Facilitating Competition and Innovation in the Biological Products Marketplace – September 21, 2018
- Deemed to Be a License Provision of the Biologics Price Competition– May 13, 2016
- Comments on U.S. FDA Guidance entitled “Framework for Regulatory Oversight of Laboratory Developed Tests” – January 28, 2015
- Comments on FDA Draft Guidance No. 230– “Guidance of Industry Compounding Animal Drugs from Bulk Drug Substances,” August 17, 2015
- Comments on “Non Proprietary Naming of Biological Products:Guidance for Industry,” October 26, 2015
Food, Drug & Cosmetic Law Section Committee
NYSBA Resources
- Sweet Potatoes, Shredded Chicken and Inorganic Arsenic?: Food for Thought on the Legal Issues Surrounding Heavy Metals in Baby Food
- The Beleaguered Sport of Thoroughbred Horse Racing
- Panel examines dangers, response to vaping
FDA Resources
- FDA
- FDA’s Electronic Orange Book (Approved Drug Products with Therapeutic Equivalence Evaluations)
- Drugs@FDA
- Biologics Products and Establishments
- Recently-Approved Devices
- Animal Drugs@FDA
- FDA inspections, Compliance, Enforcement and Criminal Investigations
- FDA Docket Notice (www.regulations.gov)
- ClinicalTrials.gov
- Purple Book (approved human biologics)
- Green Book (approved animal drugs)
- Medical Device Approvals (PMAs)
- Medical Device 510(k)s
USDA Resources
International Regulatory Authorities
Annual Meeting Programs
Food, Drug, Cosmetic Law- Annual Meeting 2021 BrochureFood, Drug, Cosmetic Law- Annual Meeting 2020 Brochure
Food, Drug, Cosmetic Law- Annual Meeting 2019 Brochure
Food, Drug, Cosmetic Law- Annual Meeting 2018 Brochure
Food, Drug, Cosmetic Law- Annual Meeting 2017 Brochure
Sampling of Past CLE Programs
– Food, Drug and Cosmetic Law Section Annual Meeting 2021 – Hot Topics in FDA Law During the COVID Pandemic
– Food, Drug and Cosmetic Law Section Annual Meeting 2020 – Food and Drug Hot Topics with a Look at Corporate Responsibility
– Food, Drug and Cosmetic Law Section Annual Meeting 2019 – Hot Topics in FDA Law
– Food, Drug and Cosmetic Law Section Annual Meeting 2018 – Hot Topics in Food, Drug & Cosmetic Law
– Craft Beverage Law CLE & New York Cider Tasting
– Sports, Drugs and Rock & Roll – EASL/FDC Sections (EASL Fall Meeting)
– Beyond the Basics of Blockchain: Current and Future Use Cases and Corresponding Regulatory Development
– Best Practices for Diversity, Equity and Inclusion | Co-Sponsored by the FDC Section
– Pharmaceutical Brand Names: Navigating the PTO/FDA Rapids
– FDC/EASL Fall Meeting (Food Truck Law)
– Medical Marijuana in New York
– Developments in Self Regulation of OCT, Cosmetic & Dietary Supplements
– Food for Thought: Street Art and Celebrity Chefs
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