Jacqueline R. Berman
Jacqueline Berman provides strategic and practical guidance to companies throughout the US Food and Drug Administration (FDA) and Consumer Product Safety Commission (CPSC)–regulated product supply chain on FDA, CPSC, and US Drug Enforcement Administration (DEA) regulatory and compliance requirements. Jacqueline helps clients navigate high-priority and complex regulatory and legal issues and initiatives, including product development, launches, pathway strategies, responses to regulatory enforcement and inspectional findings associated with the clinical and preclinical studies, approval, manufacturing, sale, and commercialization of prescription and non-prescription pharmaceuticals and biologics, controlled substances, and consumer products.
Jacqueline’s practice spans the pharmaceutical and biologic product lifecycle, including development and clinical trial strategies, post-market compliance, and product commercialization, dispensing, and distribution. Her broad and extensive background includes assisting clients to obtain and maintain FDA approval for regulated products, including after receiving complete response letters; and advising clients on expedited development and rare disease pathways, including accelerated approval, fast track designation, breakthrough therapy designation, medicine advanced therapy designation, priority review, and orphan drug designation, as well as evolving FDA review standards. Jacqueline regularly works with clients to initiate clinical development programs, including multi-regional clinical trials, advising on good clinical practices and research ethics, as well as negotiating clinical trial contracts.
Jacqueline further partners with companies in developing product launch strategies, including compliant promotional and advertising materials, and supports companies in maintaining manufacturing programs that comply with current good manufacturing practices. Jacqueline frequently assists clients in their interactions with FDA, including through informal communications and formal meetings, as well as during moments of crisis, such as following receipt of agency inspectional findings or other enforcement actions, and when making decisions regarding the need for recalls and other field actions.
In addition to her deep FDA regulatory knowledge, Jacqueline also helps companies navigate the regulatory requirements of self-regulatory organizations, such as the National Advertising Division of the Better Business Bureau, and other government agencies, such as the DEA, the CPSC, and state licensing boards. With respect to the CPSC, Jacqueline counsels companies on CPSC labeling and safety standards, reporting requirements, and recalls. With respect to DEA, Jacqueline assists companies navigating the agency’s controlled substance and listed chemical requirements for manufacturers, distributors, investigators, dispensers, and reverse distributors. This includes requirements related to registration, suspicious order monitoring, reporting, compliance, enforcement and inspections, as well as the interaction between DEA and FDA regulation, such as in the area of the development and approval of psychedelic therapies.
Jacqueline is a co-leader of the Morgan Lewis Life Sciences Industry Initiative, and an active member of the Food and Drug Law Institute, having served on numerous committees over the years. Jacqueline is also a frequent writer and speaker on issues facing the life sciences industry. Jacqueline has been named a Life Sciences Star in multiple FDA regulatory areas for multiple years in a row by the LMG Life Sciences Awards Americas.
- Assisted in responding to FDA, DEA, and state enforcement actions, including FDA Form-483s, warning letters, and other inspectional findings and assertions of noncompliance
- Supported the launch of multiple clinical development programs, including regulatory compliance and contracting, across jurisdictions, disease states, and product types
- Advised companies on expedited pathways, including maintenance of approvals and designations for products developed and authorized under expedited pathways, such as accelerated approval and breakthrough therapy designation
- Supported multiple companies seeking marketing approval of innovative and new biopharmaceutical products in their interactions, submissions, and negotiations with FDA
- Counseled companies on FDA and FTC evolving promotion, advertising, marketing, and medical communication standards
- Supported multiple companies in the launch of new products and product lines
- Assisted prescription drug, OTC, dietary supplement, and medical device manufacturers in the review and establishment of internal quality and compliance programs
- Supported companies and organizations in establishment of research programs intended to form the basis for disease-based data and biological sample banks
- Advised numerous companies on regulatory issues and questions concerning pre-clinical and clinical product development, including compliance with good clinical practices, conflicts of interest, NIH grants and compliance requirements, subject informed consent, and institutional review board approval
- Counseled numerous companies on regulatory pathways and life cycle management strategies, including orphan drug designations, fast track designations, accelerated approvals, breakthrough therapy designations, regenerative medicine designations, regulatory exclusivity, and patent term extension
- Advised companies developing new and innovative therapeutic technologies, including cell and gene therapies, as well as companies using new development and manufacturing technologies, including artificial intelligence on FDA-regulatory requirements, pathways, and options
- Advised technology companies developing new tools for use with drugs and biologics, including clinical development tools and programs, to ensure compliance with FDA standards and to identify potential regulatory pathway opportunities
- Drafted and negotiated agreements for all levels of the life sciences supply chain, including manufacturing, quality, distribution, purchase and supply, and clinical trial agreements
- Assisted companies in understanding and developing systems and processes to comply with evolving legal and regulatory requirements, including requirements under the Drug Supply Chain Security Act and the Controlled Substances Act
- Supported numerous biopharmaceutical companies in initial public offerings, re-offerings, public filings, and merger and acquisition transactions, including regulatory due diligence, agreement negotiation, and drafting filings
- American University, 2006, B.A., Summa Cum Laude, Phi Beta Kappa
- The George Washington University Law School, 2009, J.D., With Highest Honors
- District of Columbia
- Maryland
Recommended, Healthcare: Life Sciences, The Legal 500 US (2022)
Life Sciences Star, FDA: Medical Device, LMG Life Sciences Awards Americas (2023–2025)
Life Sciences Star, FDA: Pharmaceutical, LMG Life Sciences Awards Americas (2023–2025)
Life Sciences Star, Regulatory, LMG Life Sciences (2021, 2022)
US Rising Star, Regulatory, LMG Life Sciences Awards Americas (2021)
Member, Food and Drug Law Institute Clinical Trials Conference Planning Committee (2022)
Member, Food and Drug Law Institute Webinar Committee (2021)
Member, Food and Drug Law Institute Editorial Committee (2018–2019, 2026)