Benjamin provides counsel on compliance and regulatory issues to clients in the pharmaceutical, medical device, and biotech industries. With a clear focus on FDA regulatory counseling, Benjamin advises a breadth of health care industry clients on the federal and state laws surrounding manufacturer product development and marketing. His practice also includes advising clients on research approval, sales, and negotiating contractual relationships.
Benjamin has experience representing medical device companies in responding to significant unfavorable inspection observations, sometimes accompanied by a warning letter. He guides companies with compliance issues through the development stage of action plans and implementing corrective actions.
In his practice, Benjamin participates in the coordination of diligence reviews of transactions involving large pharmaceutical and medical device manufacturers. He is well versed in the process of developing policy positions and submitting comments to the FDA, as well as analyzing and drafting 510(k) applications for submission to the FDA. Benjamin reviews and drafts clinical study agreements for clients, analyzing both clinical study and human factors protocols with respect to legal requirements.
Benjamin has given numerous presentations on current health care industry topics, with titles such as Advertising and Promotion for Drugs, Devices and Biologics Using Social Media and Promotion of Investigational Drugs and Devices. He previously worked as a research chemist in the discovery group of a major research-based health care and pharmaceutical company. While in law school, he held the position of Executive Editor of the Cardozo Law Review.
- Benjamin N. Cardozo School of Law (JD, cum laude)
- California Institute of Technology (MS, Synthetic Organic Chemistry)
- Middlebury College (BA, Chemistry, summa cum laude)
News & Press
January 14, 2020 | Podcast | By Samuel Asher Effron, Benjamin Zegarelli
Cures Act Developments: FDA Publishes CFR Amendments Exempting Class II Devices with an Interesting Addition
January 13, 2020 | Blog | By Benjamin Zegarelli
December 5, 2019 | Blog | By Joanne Hawana , Aaron Josephson, Benjamin Zegarelli
The Other Shoe Drops: FDA Withdraws 30-Year-Old Homeopathic Drug Enforcement Policy and Puts Industry on Notice of Further Regulatory Pressure
October 25, 2019 | Blog | By Joanne Hawana , Benjamin Zegarelli
October 9, 2019 | Blog | By Benjamin Zegarelli
August 29, 2019 | Blog | By Benjamin Zegarelli, Ellen Janos
August 8, 2019 | Blog | By Benjamin Zegarelli
May 23, 2019 | Blog | By Benjamin Zegarelli
In 2019 so far, FDA has issued Warning Letters to eleven separate homeopathic drug manufacturers, including the five letters referenced above. All of the Warning Letters, except one, cite observations from inspections and focus on cGMP and quality violations at the manufacturing facilities, including contamination and varying amounts of active ingredients, that could lead to consumer harm.
April 1, 2019 | Blog | By Benjamin Zegarelli, Aaron Josephson
When asked a direct question about FDA’s perspective on and plans for CBD regulation, Dr. Linda Katz, Director of FDA’s Office of Cosmetics and Colors and Acting Chief Medical Officer for Food Safety and Applied Nutrition, did not comment directly but referred all attendees to an upcoming public meeting on CBD in April 2019. It is possible that the public meeting could be the start of an FDA rulemaking process for CBD regulations. Even though Dr. Katz was unable to comment, there was still plenty of CDB advice to share with industry attendees.