Professional Experience

Mr. Wasserman’s practice is focused on matters involving the marketing of foods, dietary supplements, cosmetics, drugs, and medical devices.  With extensive experience advising clients on the advertising and labeling of products such as these, which are subject to overlapping jurisdiction of the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), he helps his clients develop creative approaches to meeting marketing objectives while staying within the constraints of applicable regulatory frameworks.  In addition to working with products regulated by the FDA, Mr. Wasserman has extensive experience advising clients on the regulation of consumer products by the Consumer Product Safety Commission (CPSC).

FDA: As an FDA lawyer, Mr. Wasserman’s practice includes:

• Advertising and labeling reviews
• Ingredient reviews and product formulation issues
• Responding to FDA warning letters
• Responding to import detentions and product seizures
• Adverse event reporting and product recalls
• Preparing 510(k) premarket notifications for medical devices
• Preparing New Dietary Ingredient (NDI) notifications for supplements

Advertising:  Mr. Wasserman is an experienced advertising lawyer who regularly reviews advertising campaigns, including websites, for regulatory compliance.  When additional data is necessary to support desired claims, Mr. Wasserman works with the company to develop the needed substantiation.  In addition to federal and state agencies, his practice includes representing clients in proceedings before the National Advertising Division (NAD) of the Council of Better Business Bureaus (CBBB) and the Electronic Retailing Self-Regulation Program (ERSP).

CPSC:  Mr. Wasserman is an experienced CPSC lawyer who draws upon his strong background in consumer product safety issues to help clients comply with the CPSC’s labeling and reporting requirements.  When a corrective action is necessary, he helps clients conduct effective product recalls and minimize adverse publicity.  Also, he is experienced in handling CPSC investigations into whether companies complied with the reporting requirements of Section 15(b) of the Consumer Product Safety Act (CPSA).

Education

The George Washington University Law School, J.D., 1993.

Vassar College, B.A., 1989.

Memberships & Activities

Member, Electronic Retailing Association.

Member, International Consumer Product Health and Safety Organization.

Member, Food and Drug Law Institute (FDLI); Member of the Food and Dietary Supplements Committee and Former Chairman, H. Thomas Austern Writing Awards Committee.

Admitted to practice in the District of Columbia and Maryland.

Honors & Awards

The Best Lawyers in America, 2007-2012.

Publications

Mr. Wasserman is regularly called upon by the leading national, business and trade media to provide expert commentary and author articles on legal and regulatory issues concerning the marketing of foods, dietary supplements and drugs.  Recent highlights include:

• Quoted, "FTC and FDA collide on CytoSport's use of 'milk'," New Hope 360, July 25, 2011. 
• Quoted, "FTC/Beiersdorf Weight-Loss Cream Settlement Sends Message to Industry," The Rose Sheet, July 11, 2011.
• Quoted, "U.S. FDA seeks to ease confusion on supplements," Reuters, July 5, 2011.
• Quoted, "Ivan Wasserman Keeps Companies out of Claims Hot Water," Functional Ingredients, May 2011.
• Quoted, “Prop 65 is turning into legalized blackmail, warn experts as notices pile up,” NutraIngredients-USA.com, April 14, 2011.
• Co-Author, “Top 20 Cases of 2010 and Cases to Watch, 2011,” Food and Drug Law Institute, April 1, 2011.
• Quoted, “Warning Letter points to `blurring of the lines’ between FDA & FTC,” NutraIngredients-USA.com, February 16, 2011.
• Quoted, “FDA warns nation's dietary supplements industry against spiking,” Los Angeles Times, December 16, 2010.
• Quoted, “FTC Raises Claim Substantiation Bar for Dietary Supplements in Settlements,” The Tan Sheet, July 19, 2010.
• Quoted, “FDA Steps Up Enforcement Under Obama Administration,” Nutrition Business Journal, June 1, 2010.
• Author, “2009 review: FDA warning letters clampdown,” NutraIngredients-USA.com, January 6, 2010.

Speaking Engagements

Mr. Wasserman frequently shares his expertise on new developments and enforcement trends impacting the advertising and labeling of foods, dietary supplements and drugs at prominent business law conferences and webinars, including the Food and Drug Law Institute, Natural Products, Electronic Retailing Association, American Conference Institute, Promotion Marketing Association and Direct Marketing Association.