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Joanne S. Hawana

(she/her/hers)

Member

[email protected]

+ 1.202.434.7349

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Joanne counsels global clients on various regulatory and distribution-related considerations related to bringing a new FDA-regulated product to market and how to ensure continued compliance after a product is commercialized, including with respect to advertising and promotion. She also advises on the business impact of new US federal and state actions that affect regulated products, such as drugs, biologics, regenerative medicine products, foods, cosmetics, and medical devices, including in vitro diagnostics, lab tests, and mobile medical applications.

Her strategic counseling and compliance support work reaches into all aspects of FDA-regulated companies’ operations, from regulatory exclusivity considerations to arrangements with third-party distributors. Joanne’s regulatory and compliance work include:

  • Determining regulatory status of novel products
  • Pre-market and post-market compliance requirements for various regulated products
  • Restrictions on advertising and product sampling, as well as legal obligations associated with the use of social media influencers or patient ambassadors to promote medical and consumer-directed products
  • State licensing schemes for prescription drug and medical device manufacturers and distributors
  • Compliance with prescription drug compounding regulations
  • Review and approval of various types of policies and procedures for facilities that manufacture or distribute regulated products
  • Advising on or preparing clients’ written submissions to FDA requests for comments or rulemaking activities
  • FDA’s current requirements for importing and exporting regulated products
  • Food safety and labeling advice for food, including dietary supplements and functional foods

Joanne frequently works with clients to develop and implement their responses to common FDA actions, such as warning letters and inspectional reports (the “Form 483”). She has also been involved in advising and helping clients respond to Federal Trade Commission investigations related to product advertising and requests for substantiation of certain promotional claims.

As an FDA regulatory specialist, Joanne assists the Mintz Corporate team by performing regulatory due diligence as part of potential mergers and acquisitions that involve regulated companies, and she often works in conjunction with the firm’s Intellectual Property attorneys to ensure that patent and regulatory activities are strategically aligned. She also collaborates regularly with Mintz attorneys who negotiate royalty monetization transactions and who defend false advertising or product liability litigation brought against FDA-regulated businesses. Although the day-to-day work for clients may be different, the common thread that she enjoys most is helping companies (both startup and established) bring their products to market — without heightened risks of enforcement actions as a result of non-compliance with sometimes opaque regulatory requirements.

Prior to joining Mintz, Joanne was an attorney in the food and drug practice in the DC office of another law firm.

Joanne is an editor of and frequent contributor to the firm's health care Viewpoints.

Experience

  • Serves as regulatory specialist on royalty and revenue interest financing transactions led by Mintz Corporate and Intellectual Property attorneys on behalf of biopharmaceutical clients.
  • Successfully represented a foreign API manufacturer in front of the FDA with respect to a sensitive product recall and US removal action.
  • Represented a diagnostic developer during an FDA investigation into its alleged distribution of an unauthorized test for COVID-19 and subsequent recall activities.
  • Supported Mintz Corporate team in negotiating and executing the sale of a client’s FDA Priority Review Voucher to another party for over $100 million.
  • Negotiated the release of consumer goods by FDA on behalf of a retailer client following the agency’s erroneous conclusion that the shipments contained laser components that did not comply with US law, thereby leading to their detention at the port of entry.
  • Counseled a nationally recognized health system regarding the construction of advertising claims for various services involving regenerative medicine-based therapeutic procedures.
  • Served as FDA specialist and regulatory team leader on a client’s complex bid for a bankrupt pharmaceutical company’s US and European drug-related assets, including marketing authorizations and distribution permits.
  • Handled regulatory due diligence and related contractual negotiations for two acquisitions of independent testing laboratories by a global client.
  • Worked with several Mintz clients operating in non-FDA regulated industries to determine how to manufacture and distribute face shields, face masks, and alcohol-based hand sanitizers in compliance with FDA’s enforcement discretion policies during the COVID-19 pandemic, including by providing promotion and labeling advice.
  • Guided clients developing COVID-19 diagnostic or serological tests on various promotional risks and regulatory obligations both before and after they secured Emergency Use Authorizations from FDA that allowed the test to be distributed and used in the US.
  • Prepared a Breakthrough Designation Request on behalf of a therapeutic developer client and helped another client secure Orphan Drug Designation for its innovative drug product.
  • Participates in the Medical, Legal, and Regulatory (MLR) Committees that are engaged in promotional review activities on behalf of multiple clients with recently approved new drugs and biologics.
  • Negotiated with FDA on behalf of a cosmetic client when a large shipment of imported products was detained by Customs and Border Protection due to non-compliant labeling and assisted company in developing plans for reconditioning the products.
  • Counseled a cosmetic company on its response to an FDA Warning Letter related to the use of drug claims to promote cosmetic products and then assisted in the company’s implementation of internal processes and procedures to avoid similar issues in the future.
  • Represented an innovative beverage company with a national profile on FDA compliance issues, labeling, promotional activities, and distribution agreements.
  • Served as FDA/FTC regulatory counsel on multiple private equity acquisitions of consumer product companies with high-end, global skincare and haircare brands.
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viewpoints

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FDA in Flux — October 2026 Newsletter

October 19, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli, Madison Castle, Grace Wang

The October 2026 edition of FDA in Flux highlights the latest developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

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FDA in Flux — September 2026 Newsletter

September 17, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli, Madison Castle, Grace Wang

Key FDA updates on generative AI, medical product user fees, SEC coordination, GLP-1 drug shortages, and the future of diagnostic testing.

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FDA in Flux — August 2026 Newsletter

August 13, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli, Madison Castle, Grace Wang

The August 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for the medical, life sciences, and consumer product sectors.

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A hastily reassembled Pharmacy Compounding Advisory Committee (PCAC) held meetings on July 23 and 24, 2026 to consider whether seven unapproved peptides should be included on an affirmative list of bulk ingredients that can be used by compounding pharmacies operating under the Food, Drug, & Cosmetic Act’s (FD&C Act) Section 503A (503A compounders). A second PCAC meeting to discuss an additional five peptides is expected to be scheduled in February 2027. In close votes over the course of July’s two-day meeting, the PCAC members recommended that BPC-157, KPV, TB-500, MOTS-c, epitalon, and semax be added to the 503A affirmative list. They voted against the addition of emideltide. 

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FDA in Flux — June 2026 Newsletter

June 17, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli

The June 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

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FDA in Flux — May 2026 Newsletter

May 19, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli, Raymond Vanderhyden

The May 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

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FDA in Flux — April 2026 Newsletter

April 16, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli

The April 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

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FDA in Flux — March 2026 Newsletter

March 18, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli

The March 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

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FDA in Flux — February 2026 Newsletter

February 23, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli

The February 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

Read more
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FDA in Flux — January 2026 Newsletter

January 22, 2026 | Article | By Joanne Hawana , Benjamin Zegarelli

The January 2026 edition of FDA in Flux highlights significant developments shaping the regulatory landscape for medical, life sciences, and consumer product sectors.

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News & Press

Press Release Thumbnail Mintz

Mintz advised the placement agents in connection with First Tracks Biotherapeutics’ $200 million private placement of common stock.

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podcasts

Health Law Diagnosed – Best Practices for Communicating with the FDA

July 9, 2025 | Podcast | By Bridgette Keller, Joanne Hawana , Benjamin Zegarelli

Of Counsel Bridgette Keller is joined by Joanne Hawana, Ben Zegarelli, and John Daley, as they offer advice for navigating communications with the FDA.

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Health Law Diagnosed – New Year's Gratitude

February 3, 2025 | Podcast | By Bridgette Keller, Alison H. Peters, Samantha Kingsbury, Theresa Carnegie, Joanne Hawana , Abdie Santiago, Stephnie John, Pamela Polevoy, Karen Lovitch , Jean D. Mancheno, Deborah Daccord, Rachel A. Alexander, Jane Haviland, David Gilboa, Kathryn Edgerton, Hassan Shaikh, Madison Castle, Laurence Freedman, Priyanka Amirneni, Samantha Hawkins, Tara E. Dwyer, Rachel Yount, Sophia Temis, Xavier Hardy

Host Of Counsel Bridgette Keller invites the Mintz Health Law team to reflect on what they’re grateful for as they prepare for the year ahead. Hear from a dynamic group of Members, Of Counsel, and Associates as they share their perspectives on what’s coming up over the horizon.

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Health Law Diagnosed – A Discussion on the Regulatory Requirements for LDTs

March 7, 2024 | Podcast | By Bridgette Keller, Joanne Hawana , Benjamin Zegarelli

In this episode of Health Law Diagnosed, host Bridgette Keller is joined by Mintz Health Law attorneys Joanne Hawana and Benjamin Zegarelli to discuss the FDA’s long-awaited proposed rules that actively regulate laboratory developed tests (LDTs).

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Mintz Health Law: What We Are Grateful For

January 11, 2023 | Podcast | By Bridgette Keller

Bridgette Keller speaks with the Mintz Health Law team about what they are grateful for as they look back on a year of client service, mentorship, and working together as a team.

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In this episode of the Health Law Diagnosed podcast, members of the Mintz Health Law team discuss their health law–focused 2022 New Year’s resolutions and how they’re helping clients and colleagues navigate the continued challenges and opportunities of the current era.
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Health Law Diagnosed — Hot Topics in FDA Regulation and Enforcement

May 12, 2021 | Podcast | By Joanne Hawana , Benjamin Zegarelli

This past year has been a busy one for the FDA, but it hasn’t all been about the pandemic.
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Events & Speaking

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Dec
2
2025

Bridging US Market Access in Bio Sciences and Cosmetics: From Partnership to Deployment

Korean-American Professional Association in Life Sciences, California (KAPAL CA)

Virtual Webinar

Speaker
Mar
18
2025

FDA 101: A Guide to Agency Structure, Jurisdiction, Regulation, and Enforcement

American Conference Institute FDA Bootcamp

New York City Bar Association (42 W 44th St, New York, NY 10036)

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Mar
5
2025

Life Sciences Conference Roundtables

Association of Corporate Counsel

San Francisco Bay Area

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Sep
17
2024

Free Drug Programs and Cost-Sharing Assistance: Anti-Kickback Statute Considerations

Drug Information Association, Regulatory Affairs Community AdPromo Working Group

Virtual Webinar

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Mar
20
2024
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Dec
13
2022

IP Considerations for Medical Device Companies

Boston Bar Association

Online Event

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Nov
10
2022
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May
26
2022
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Moderator
Mar
8
2022

DIA Advertising and Promotion Regulatory Affairs Conference

Drug Information Association (DIA)

Arlington, VA

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Jan
26
2022
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Sep
23
2021
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Jun
17
2021

US Regulation of Advertising, Promotion and Labeling for Medical Devices

Regulatory Affairs Professional Society (RAPS)

Online Event

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Feb
18
2021

FDA in 2021: A Look Ahead

Mintz & ML Strategies

Webinar

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Oct
8
2020

Food and Drug Law Institute Annual Conference

FDA’s Amended Intended Use Regulation – Has It Finally Hit the Sweet Spot?

Online Event

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May
18
2020

DIA Advertising and Promotion Regulatory Affairs Conference

Engaging with Patients to Diversify Advertising and Promotional Activities

Online Event

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Apr
14
2020

FDA in the Time of COVID-19

View the Webinar Recording

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Mar
31
2020
Jan
15
2020

ELabs NYC

Planning for Success: Integrating Product Development with Intellectual Property and Regulatory Strategies

New York, NY

Panelist
Sep
24
2019

Six-Month Assessment: The Impact of Gottlieb’s Departure on FDA Priorities

Mintz, 3580 Carmel Mountain Road | Suite 300, San Diego, CA

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Jun
20
2019

RAPS Virtual Program: US Regulation of Advertising, Promotion, and Labeling for Medical Devices (2-Part Series)

Navigating Federal Trade Commission (FTC) Requirements for Medical Products

Moderator
May
3
2019

Food and Drug Law Institute Annual Conference

Regenerative Medicine, Gene Therapies, and FDA Regulation

Washington, DC

Speaker
Feb
6
2019

FDLI's Introduction to Drug Law and Regulation Course

Regulation of Over-the-Counter OTC Drugs

Lake County, Illinois

Speaker
Jan
16
2019

ELabs NYC

Planning for Success: Integrating Product Development with Intellectual Property and Regulatory Strategies

New York, NY

Moderator
Nov
13
2018
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Nov
6
2018

The 9th Annual Advertising and Promotion of Medical Devices Conference

FTC’s Authority Applied to the Regulation of Medical Devices

The Madison Hotel, Washington, D.C.

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May
4
2018

Emerging Issues for Drug Compounders

Food and Drug Law Institute

Washington, DC

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Jan
24
2017
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Nov
14
2016

Entrepreneur Expo 2016

TEDCO

Hilton Baltimore 401 W. Pratt Street Baltimore, MD 21201

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Recognition & Awards

  • William P. Cunningham Award for Achievement and Service to the School of Law, University of Maryland (2007)

  • Manuscripts editor, The Journal of Health Care Law and Policy (Vol. 10)

  • Legal 500 United States: Recognized for Healthcare: Service Providers (2020); Life Sciences (2021)

  • JD Supra: Top Author, Readers' Choice Awards – Life Sciences (2021)

  • Mondaq: Thought Leadership Award Winner, Autumn 2025

  • Pro Bono Advocate of the Year Award, Kids In Need of Defense (KIND) (2023)

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Involvement

  • Member, Food and Drug Law Institute (FDLI)
  • Member, FDLI Audit Committee
  • Member, Drug Information Association (DIA)
  • Member, American Bar Association (ABA), and ABA Health Law Section
  • Member, American Health Lawyers Association (AHLA), and AHLA Life Sciences Practice Group
  • Member, Mintz Pro Bono Committee
  • Past Chair, FDLI Publications Committee
  • Past Chair, FDLI Primer Committee
  • Past Chair, FDLI Update Magazine Editorial Advisory Board
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