Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Jessica O’Connell co-chairs Covington’s market-leading global Food, Drug, and Device Practice Group. Drawing from nearly twenty years of experience working at FDA and in private practice, Jessica provides strategic advice to a broad range of companies and trade associations in navigating regulatory frameworks and engaging with food and drug regulatory bodies and Congress. She works closely with clients to develop product strategies that are low-risk from both a regulatory and litigation perspective while also meeting marketing goals and objectives. She also regularly counsels clients regarding potential crises, such as recalls, regulator investigations, and other unanticipated regulatory attention.
Chambers USA reports that Jessica "is enthusiastic, exceptionally smart and a talented lawyer who brings tremendous insight from being a regulator" and that she "knows how best to interact with the FDA in a productive and efficient way."
Jessica’s practice focuses on food and beverages, dietary supplements, cosmetics, and OTC drugs. She has engaged with Congress and state legislators on cosmetic and drug legislative efforts and alternative protein and other food labeling requirements, and has represented clients in both FDA and FTC investigations, including negotiating consent decrees and responding to civil investigative demands, and actively practices before the NAD. Jessica has specific expertise regarding the regulatory framework for new and emerging food technologies, including alternative protein ingredients and products and specialized nutrition products such as infant formula and medical foods, the marketing of cosmetics and OTC drugs, including sunscreens, Proposition 65, organic labeling, the federal and state legal landscapes surrounding the development and marketing of products containing CBD, and claim substantiation requirements, as well as manufacturing and supply chain requirements under FSMA and FDA’s implementation of MoCRA.
Jessica also has an active pro bono practice, with a particular focus on issues relating to reproductive rights and health care access.
Before joining Covington, Jessica served as Associate Chief Counsel in FDA’s Office of Chief Counsel. While at FDA, Jessica counseled various components of FDA and HHS on a broad range of food, cosmetic, and drug legal issues, including FDA’s implementation of FSMA, nutrition initiatives, cosmetic oversight, and FDA’s work investigating foodborne illness outbreaks and related actions, including recalls and other enforcement activities. In addition, Jessica provided legal counsel to the agency and Department regarding FDA’s import and export activities for all FDA-regulated products.
Counsels clients during crises such as outbreak investigations, consent decree negotiations, civil investigative demands, regulatory inspections with adverse findings, product recalls, and pathogen contamination incidents, including a significant FDA, CDC, and state investigation of a Hepatitis A outbreak linked to an imported food product.
Provides regulatory and policy guidance regarding the development of food, dietary supplement, medical food, OTC drug, cosmetic, and CBD containing products, from formulation to labeling, marketing, and website design, including strategies for minimizing risk of consumer fraud or class action litigation and compliance with state requirements such as Proposition 65.
Assisted multiple clients in successfully responding to marketing claim challenges before the NAD and the Advertising Self-Regulatory Council.
Advised client in engagement with FDA regarding warning letter about labeling claims that led to successful resolution of all issues; assisted in developing a related citizen petition requesting that FDA update its “healthy” food labeling regulations consistent with current nutrition science.
Provides advice regarding the federal and state legal landscape surrounding the development and marketing of CBD products, including engagement with FDA on critical regulatory and scientific issues.
Represented multiple clients – both corporations and individuals in their personal capacity – in consent decree negotiations with DOJ and FDA.
Advises clients on bioengineering labeling and related claims, including on potential approaches to compliance with new federal biotechnology labeling requirements.
Assists clients in complying with new FDA Food Safety Modernization Act and Nutrition Facts Label requirements.
Successfully petitioned for removal of clients and clients’ suppliers from FDA Import Alerts, and assisted a number of clients in obtaining releases of imported products held by FDA.
Drafted influential amicus brief in FTC contempt proceeding against a major dietary supplement marketer.
Conducts regulatory due diligence evaluations for mergers and acquisitions.
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