Joseph Dages

Food Contact and Packaging Materials

• Filed many Food Contact Notifications (FCNs) with FDA to successfully establish clearances for new can coating technologies, polymers (including new biopolymers), additives for paper, and antimicrobial processing aids, among others.
• Evaluated status of repeated-use liners for food processing equipment under EU law.
• Drafted petitions to establish new clearances for adhesives under Chinese law.
• Provided counsel on evolving food-contact legal requirements in Japan.
• Researched and issued opinion letters regarding legal status for food-contact polymers under MERCOSUR law.
• Guided client in understanding food-contact legal requirements to market bioplastics in multiple foreign jurisdictions.
• Aided company in responding to post-market review questions from FDA regarding the safety of their food packaging products.
• Reviewed recycling technology developed by companies and determine FDA status of plastic subjected to technology.

Food and Dietary Supplements

• Performed due diligence reviews in support of corporate transactions involving companies that manufacture food.
• Counseled clients on requirements and strategy issues involving potential and actual recalls for food and dietary supplement products.
• Submitted notice to FDA informing Agency of determination that novel substance used in food is Generally Recognized as Safe (GRAS) under its intended conditions of use.
• 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.
• Evaluated additive used in various food applications to determine compliance with warning requirements under California's Proposition 65.
• Reviewed substantiation for structure/function claims made for new dietary supplement products.
• Counseled clients on best approaches for bringing new products to market under the New Dietary Ingredient (NDI) versus GRAS regulatory pathways.

Cosmetics

• Provided compliance advice to leading cosmetic brand owners on state Extended Producer Responsibility (EPR) laws for packaging.
• Developed submission for cosmetic company to the Expert Panel for Cosmetic Ingredient Review.
• Counseled companies on evolving compliance requirements under the Modernization of Cosmetic Regulation Act (MOCRA).

OTC Drugs

• Advised client on labeling and testing requirements for drugs marketed under FDA’s OTC drug monograph system.
• Researched OTC monograph rulemakings to determine legal status of competitor’s drug product, and counseled client on potential options to challenge competitor’s marketing of product.
• Represented company in threatened and filed nationwide lawsuits involving claims regarding the efficacy of their OTC drug products.

Advertising

• Worked with clients to develop suitable recyclable and compostable claims for packaging materials that comply with federal and state requirements, including California’s SB 343.
• Handled responses and negotiations in scores of demand letters involving putative class action lawsuits challenging advertising claims, resulting in walk-away or no-file responses from plaintiff’s counsel.
• Counseled leading agricultural commodity board on permissible advertising campaign claims.

Public Policy

• 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).
• Prepared comments to state legislatures opposing bans on chemicals used in food packaging.
• Served as outside counsel on federal legislative and policy matters to leading trade association representing consumer product and other companies on environmental issues related to packaging.
• Prepared comments to FDA regarding safety of additive used in food and packaging applications that was the subject of state and NGO scrutiny.

• "Understanding Packaging Claims and Labeling Requirements: Legislative Pathways – State or Federal?", AMERIPEN webinar, October 29, 2024

• "Extended Producer Responsibility for Packaging and State Laws," Smithers E-Pack USA, October 1, 2024

• "Combating Contaminants in the Food Supply: Microplastics, Heavy Metals, and More," Food Advertising, Labeling, and Litigation Conference, Food and Drug Law Institute, September 25-25, 2024.

• "Defining Recyclable: Making Sense Out of the Chaos," Plastics Industry Association's Food Drug and Cosmetic Packaging Committee Summit, June 11, 2024

• "Modernization of Cosmetics Regulation Act from A to Z," Israeli Embassy, May 7, 2024

• "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  

• "Deconstructing On-pack Labels," AMERIPEN webinar, December 7, 2022

• "Sustainability in Packaging," Institute of Packaging Professionals, October 26, 2022

• "Emerging Issues in Sustainability," The Food Industry Association, October 18, 2022

• "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

• "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