Overview
Joe is a counselor and advocate for clients in the chemical, food, dietary supplement, cosmetic, and drug industries. He helps companies regulated by the FDA, FTC, EPA, and USDA to bring new products to market, and defends those companies when their products are scrutinized.
Joe has extensive experience with the premarket review requirements – and the exemptions to those requirements – for a wide range of products regulated by FDA. He has filed many Food Contact Notifications (FCNs), and has prepared Generally Recognized as Safe (GRAS) notifications for novel materials. He helps clients with a wide range of other FDA centric issues, including Good Manufacturing Practice (GMP) compliance, label reviews, warning letters, government inspections of facilities, and recalls. Joe also provides counsel on the requirements to bring products to market in foreign jurisdictions, including in the EU, China, Japan, and MERCOSUR.
He defends his clients when their products or claims are attacked by government actors or other parties, including in putative class action lawsuits. These matters often focus on some form of advertising that is allegedly deceptive, including allegations of “greenwashing.” Joe’s practice in this area also includes reviewing claims before a product goes to market, and he has considerable expertise with products that are designed for sustainability.
Much of his practice is focused on matters at the intersection of law and policy. He has experience advocating for industry associations and coalitions before all branches of government at the federal and state level. Joe has authored numerous amicus briefs on behalf of trade association clients. He regularly provides counsel on emerging state or local requirements, such as chemical right-to-know laws, bans, and Extended Producer Responsibility (EPR) schemes.
Prior to and during law school, Joe worked in government relations and international affairs for a leading trade association representing the food, beverage, and consumer product industry. He serves on the firm’s pro bono committee, where his practice is focused on protecting and maintaining the quality of the watersheds in the DC area.
- District of Columbia
- Maryland
- J.D., Catholic University of America, Columbus School of Law, 2014, cum laude; Catholic University Law Review
- B.A., Wheaton College, 2006
Areas of Work
Representative Matters
- Counseled clients on requirements and strategy issues involving potential and actual recalls for FDA regulated products.
- Filed FCN with FDA to successfully establish clearance for new can coating technology.
- Performed due diligence reviews in support of corporate transactions involving companies that manufacture products regulated by FDA.
- Assessed company policies to ensure compliance under the Food Safety Modernization Act’s (FSMA) Foreign Supplier Verification Program (FSVP) and Hazard Analysis and Risk-based Preventative Controls (HARPC) regulations.
- Drafted amicus brief defending GRAS substances from attacks by NGOs in Food Safety v. Becerra, 565 F. Supp. 3d 519 (S.D.N.Y. 2021).
- Handled responses and negotiations in dozens of demand letters involving putative class action lawsuits, resulting in walk-away or no-file responses from plaintiff’s counsel.
- Worked with clients to develop suitable recyclable and compostable claims for packaging materials that comply with federal and state requirements.
- Reviewed substantiation for structure / function claims made for new dietary supplement products.
- Advised client on labeling and testing requirements for drugs marketed under FDA’s OTC drug monograph system.
- Represented company in threatened and filed nationwide lawsuits involving claims regarding the efficacy of their OTC drug products.
- Guided client in understanding food-contact legal requirements to market bioplastics in multiple foreign jurisdictions.
- Submitted notice to FDA informing Agency of determination that novel substance used in food is GRAS under its intended conditions of use.
- Evaluated additive used in various food applications to determine compliance with warning requirements under California's Proposition 65.
- Managed efforts to obtain enforcement discretion from FDA for food-contact substances under key regulation from the FSMA.
- Helped company respond to post-market review questions from FDA regarding the safety of their food packaging products.
- Prepared comments to state legislatures opposing bans on chemicals used in food packaging.
- Assisted pro bono client in understanding rights and opportunities to challenge development of environmentally sensitive land located on the shores of the Chesapeake Bay.
Speaking Engagements
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"Modernization of Cosmetics Regulation Act from A to Z," Israeli Embassy, May 7, 2024
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"Best Practices for Developing a Sustainability Compliance Program for Packaging," Smithers Sustainability in Packaging US 2024, March 6, 2024
- "In the Loop – Sorting Out On-pack Green Claims," Sonoco Products Company, June 12, 2023
- "Staying Ahead of the EU Chemicals Strategy for Sustainability: Global Anti-Greenwashing Regulations: Initiatives in the EU, UK, and US," Steptoe and Johnson LLP Webinar, May 16, 2023
- “Policy Deep Dive: Progress on Circular Packaging Claims, Definitions and Labeling,” AMERIPEN Annual Conference, May 3, 2023
- “US Green Claims for Food Packaging,” Steptoe Food Contact Conference, April 26, 2023
- "Outlook on PFAS in 2023," National Restaurant Association, January 20, 2023
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"Deconstructing On-pack Labels," AMERIPEN webinar, December 7, 2022
- "Sustainability in Packaging," Institute of Packaging Professionals, October 26, 2022
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"Emerging Issues in Sustainability," The Food Industry Association, October 18, 2022
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"GRAS Substances: Still Under Attack? A Little Bit of History and a Policy Outlook," Chemical Watch Food Contact Regulations USA, Washington, DC, June 27, 2022
- "Food Packaging: New Technology, Sustainability Challenges, and State Laws," Food and Drug Law Institute Annual Conference, Washington, DC, June 15, 2022
- "Fireside Discussion: Complexities with Labeling," AMERIPEN Annual Conference, Washington, DC, May 25, 2022
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"Compliance Considerations for Environmental Claims Under the FTC's Green Guides," Sustainability in Packaging Conference, March 10, 2022
- "Food Contact Material Legislation in Australia & New Zealand – Compliance Considerations and Recent Activities," Smithers Global Food Contact 2021 Online, June 16, 2021
- "Environmental Marketing and Ecolabeling," Household and Commercial Products Association Webinar, April 22, 2021
- "Establishing FDA Compliance for Recycled Plastics Used in Food Packaging," Sustainability in Packaging US Conference, March 10, 2021
- "FDA Legal Requirements for Bioplastics Used in Food Packaging," Consumer Brands Association Webinar, December 2, 2020
News & Publications
Client Alerts
FDA Publishes Final Rule Revising Bases and Procedures for Revoking FCN Authorizations
March 22, 2024
By: Joan Baughan, Daniel C. Rubenstein, Joseph Dages, Carly Rolph
Client Alerts
June 2, 2023
Client Alerts
May 15, 2023
Client Alerts
New Year, New Green Guide Review
FTC opens public comment period regarding its influential Green Guides
January 9, 2023
By: Surya Kundu, Joseph Dages, Joan Baughan, Eric Berman, Daniel Blynn, Jeffrey G. Weiss
Client Alerts
Landmark Cosmetic Law Adopted that Significantly Changes how Cosmetics Are Regulated by FDA
January 5, 2023
By: Surya Kundu, Joseph Dages, Joan Baughan, Anthony J. Anscombe
Client Alerts
State of the States: PFAS Food Packaging Bans and Restrictions
December 29, 2022
By: Joan Baughan, Joseph Dages, Jessica Cooper, Ph.D., Carly Rolph
Press Releases
July 26, 2022
Publications
What are the top US food contact legal and regulatory issues to watch in 2022?
ChemicalWatch
February 1, 2022
By: Joseph Dages
Events
Seminars & Events
Complimentary Food Contact Conference
April 23, 2024 - April 24, 2024
Speakers: Joan Baughan, Daniel C. Rubenstein, Joseph Dages, Carly Rolph, Kimberly Cassidy, Ph.D., Jessica Cooper, Ph.D., Patricia Kinne, Tom Gillett, Ruxandra Cana, Daniel Blynn, Anthony G. Hopp, Surya Kundu, Dr. Yan Gu
Keynote Speakers: Dr. Paul Honigfort, Dr. Zhu Lei
Webinars
Recent Developments in Sustainability-focused Laws for Food Packaging
April 4, 2024
Speakers: Joseph Dages, Daniel C. Rubenstein
Webinars
Staying Ahead of the EU Chemicals Strategy for Sustainability
May 16, 2023
Speakers: Eléonore Mullier, Joseph Dages, Surya Kundu, Zanda Romata
Seminars & Events
Complimentary Food Contact Conference
April 25, 2023 - April 26, 2023
Speakers: Joan Baughan, Daniel C. Rubenstein, Joseph Dages, Carly Rolph, Kimberly Cassidy, Ph.D., Jessica Cooper, Ph.D., Patricia Kinne, Glen Rosini, Tom Gillett, Anthony G. Hopp, Ruxandra Cana, Coy Garrison, Abigail Miller, Regulatory Review Chemist, US Food and Drug Administration (FDA), Sean Fischer, Consumer Safety Officer, US Food and Drug Administration (FDA), Daniel Felton, Executive Director, AMERIPEN