Biography: Susan D. Brienza.Ph.D.
Email: sbrienza@rcalaw.com
Services: FDA Law, Advertising Law (also assists with Litigation and Trademark matters)
Title: Shareholder
Before practicing law, Ms. Brienza was a university professor in stylistics and 20th Century American and British literature. She brings her proficiency in language to her regulatory compliance practice in crafting permissible and persuasive descriptions and claims for clients to employ in labels, labeling and advertisements of their products - including website content, testimonials, expert endorsements, and infomercials.
Her practice includes advising clients as to compliance with Federal Trade Commission (FTC) law and United States Department of Agriculture (USDA) regulations, as well as Food and Drug Administration (FDA) laws and regulations. For instance, she has evaluated label claims, advertising claims and disclaimers for tobacco products and for GMO foods. In addition to regulatory compliance and enforcement matters, Ms. Brienza assists in litigation, with particular focus on product liability and advertising cases. Her practice has also included white-collar criminal defense work and lobbying/public
policy matters, e.g., for a manufacturer of organic meats and for coalitions of supplement companies.
Education:
Stanford Law School, J.D., 1992
University of Pennsylvania, Ph.D., English, 1976
Yale University, B.A., summa cum laude, 1971
Admitted to Practice:Colorado
U.S. District Court for the District of Colorado
Publications & Presentations:
Author, “Medical Foods Boom Along With Baby Boomers,” Functional Ingredients (February 2010)
Author, “What to Watch out for in MedWatch Forms for AER Reporting,” Natural Foods
Merchandiser (September 2009)
Author, “Brienza’s Legal Briefs” [a few regulatory updates], Natural Foods Merchandiser website (August and September 2009)
Author, “Supplement Safety: Safeguards for Consumer Confidence,” Natural Foods Merchandiser (March 2009)
FDA Law, Advertsing Law
Susan Brienza helps clients navigate complex federal laws relating to the manufacture, labeling, importing, marketing and sales of herbal supplements, nutraceuticals, organic foods, “functional foods,” sports and energy drinks, cosmetics, “cosmeceuticals,” over-the-counter (OTC) drugs, homeopathic drugs, medical devices, and medical foods. Ms. Brienza is especially involved in issues concerning herbal products for women, and in biotechnology and nanotechnology issues.
Author, Chapter 5 “FDA Regulation of Foods and Supplements,” in the book Nanotechnology & FDA-Regulated Products: The Essential Guide (FDLI 2009)
Author, “The Greening of Advertising: FTC Revises its ‘Green Guides’ for Environmental,
Renewable, and Sustainable Claims ,” Natural Foods Merchandiser (October 2008)
Author, “Nanotechnology and Supplements: Tiny Particles and Small Changes in FDA Law,” AHPA [American Herbal Products Association] Report (October 2008)
Author, with assistance of Griff Kundahl, Esq., “Nanotechnology: Backgrounder on the Science and the Current Approach of the Food and Drug Administration,” prepared for attendees of FDLI’s 1st Annual Conference on Nanotechnology Law, Regulation, and Policy (February 28, 2008)
Author, “Reporting to Reestablish Supplement Safety: AER Reporting Requirements,” Natural Foods Merchandiser (December 2007)
Co-author with Carolyn McIntosh, Esq., “The Nanotech Revolution: the Next Big Thing is Ultra Small,” ColoardoBiz Magazine, Legal Briefing Special Section (October 2007)
Author, “Regulating Nanotechnology: What FDA Can Borrow from a Sister Agency,” FDLI’s Update magazine (September/October 2007)
Co-author, with Griff Kundahl, Esq., “Nanotech 101: A Primer,” Rocky Mt. Nanotechnology
Showcase, sponsored by Colorado Nanotechnology Alliance (September 18, 2007)
Author, “Smoothing Out Confusing Cosmetic Claims,” Behind the Label issue of Natural Foods Merchandiser (July 2007)
Author, “NanoNaturals: Will FDA Regulate New Nanotech Products?,” New Trends issue of Natural Foods Merchandiser (January 2007)
Author, “Watch Your Words in Signage and Shelf-talkers,” Expo East issue of Natural Foods Merchandiser (October 2006)
Author, “Your Results May Vary: Disclaimers and Disclosures,” Behind the Label issue of Natural Foods Merchandiser (July 2006)
Author, “Keeping an Eye on Supplements,” Denver Business Journal (May 2005)
Author, “Skin Deep: Aloe Vera in Cosmetics and ‘Cosmeceuticals,’” Aloe Today (Aloecorp newsletter) (Winter 2004)
Author, “Medical Foods – A Unique FDA Product Category,” Aloe Today (Aloecorp newsletter) (Fall 2004)
Author, “Functional Cosmetics? Cosmetic Drugs? Cosmeceuticals? – Skin Creams Turned Inside Out,” Natural Foods Merchandiser (September 2004)
Author, “The Foundations of Dietary Supplements Law,” Natural Foods Merchandiser (March 2004)
Author, “Section 5 Literature for Scientific, Medical Information Re: Therapeutic Value of Aloe Supplements,” Aloe Today (Aloecorp newsletter) (October 2003)
Author, “FTC Law and Supplement Advertising: Who’s Minding The Store?” Aloe Today (Aloecorpnewsletter) (September 2003)