Congress Could Be Coming for Dietary Supplements

Law360
6 minute read | May.20.2015

The next chapter in the saga of New York State Attorney General Eric T. Schneiderman's investigation of the dietary supplements industry may take place on Capitol Hill. On April 2, Schneiderman and the state attorneys general of Connecticut, the District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Massachusetts, Mississippi, New Hampshire, the Northern Mariana Islands, Pennsylvania and Rhode Island sent a letter to Congress requesting it launch an investigation into the dietary supplements industry and to look into strengthening oversight from the U.S. Food and Drug Administration.

Seeking “a broad-based solution,” the letter — addressed to the chairman of the Senate Committee on Commerce, Science and Transportation, which is responsible for product safety and other consumer protection issues, the chairman of the Senate Subcommittee on Health and other ranking committee members — suggested Congress and the FDA “act in concert” to conduct a sweeping investigation of the industry and consider new legislation.

If Congress chooses to pursue the investigation proposed by the state attorneys general it will do so with a broad mandate. The state attorneys general suggested Congress investigate everything from product labels and marketing, to the effectiveness of existing quality assurance measures, to the quality of ingredients, fillers and finished products. As pledged in the April 2 letter, Congress would also enjoy the full assistance of the state attorneys general.

Originally published by Law360; reprinted with permission.

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Leslie Meredith Partner, Strategic Advisory & Government Enforcement (SAGE), Financial & Fintech Advisory

Washington, D.C.

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D:+1 202 349 7976
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Practice:

Strategic Advisory & Government Enforcement (SAGE)
Financial & Fintech Advisory
Complex Litigation & Dispute Resolution
Government Investigations and Enforcement Actions
Financial Services Litigation

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Leslie Meredith Partner

Washington, D.C.

Leslie is an effective communicator who is able to distill complex facts and legal concepts, and turn them into simple, compelling, and persuasive stories, both in court and in negotiations with the government. Although she has been involved at every stage of litigation, some of her greatest successes were in cases that were resolved quickly or that concluded with the government choosing not to take action at all. She is passionate about partnering with her clients to understand their priorities and find innovative and cost-effective strategies to resolve disputes favorably.

Leslie has significant experience managing complex and cross-border e-discovery, handling pre-trial motions, including overseeing successful summary judgment motions and motions to dismiss, taking and defending critical fact and expert depositions, and preparing for evidentiary hearings and trials.

In addition to representing clients in federal and state courts around the country, she has helped clients navigate and resolve enforcement actions by state and federal regulators, including the Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Federal Reserve Board (FRB), Department of Justice (DOJ), and state attorneys general, relating to a wide range of subject matter areas, involving both traditional and alternative financial services.

Drawing on the breadth of her experience in the financial services industry, Leslie also counsels clients on compliance with consumer protection laws and supervision preparedness. Her areas of focus include, prohibitions on unfair, deceptive or abusive acts or practices (UDAP and UDAAP); customer complaints management; and codes of conduct and business ethics, including policies related to outside business interests and the Bank Bribery Act.

Prior to joining Orrick, Leslie was counsel at Buckley LLP. She also completed a six-month secondment at a large financial institution, working as a member of the private banking legal advisory group and the litigation department. Leslie is a Professorial Lecturer in Law at the George Washington University Law School, and maintains an active pro bono practice focused on criminal justice and immigration matters.