Vanessa Fulton concentrates her practice on providing much-needed clarity to her clients for Food and Drug Administration (FDA) and Advertising Law related matters. Serving companies of all sizes, Vanessa frequently advises on regulatory compliance, potential liability, and advertising-related issues involving tobacco, dietary supplement, food, cosmetic, and pharmaceutical products. She also guides clients through the process of complying with regulatory strategies for product development and post-marketing compliance, as well as advertising and labeling issues.*
Before joining Kleinfeld Kaplan & Becker, Vanessa worked as a litigation associate at a global law firm in Phoenix, Arizona. At this firm, she represented clients in class action and complex litigation matters, including representing dietary supplement manufacturers in connection with false advertising and unfair competition class actions. She also served as an advisor to clients in connection with product labeling inquiries before the Federal Trade Commission (FTC) and the National Advertising Division of the Better Business Bureau (NAD).
Vanessa also served as an extern for the Hon. James A. Teilborg of the United States District Court for the District of Arizona.
Representative matters include:
- Advised on product labeling and marketing materials for dietary supplements and over-the-counter pharmaceutical products to identify and mitigate potential risks, including evaluating adequacy of substantiation for labeling claims
- Prepared and submitted over 250 tobacco product-related filings with FDA, including grandfathered submissions, Substantial Equivalence reports, and follow-up responses to information requests regarding such submissions
- Assisted clients in navigating interactions with multiple federal agencies regarding a proposed agency action and advocate on behalf of clients before federal agencies
- Advised on state and city statutes, regulations, and ordinances related to the regulation of certain tobacco products and drafted opinion letters for use by clients
- Provided analysis of state laws applicability to and regulation of client tobacco products
- Advised client regarding litigation risks associated with use of “All Natural” or similar claims on client food products.
- Assist client in preparing FDA submissions, including a request for an Emergency Use Authorization for a medical device.
Publications & Speaking Engagements
- “Congress Gives U.S. Cosmetic Regulations a Makeover in End of Year Appropriations Bill,” Co-Author, KKB Insight (January 6, 2023).
- “FTC Releases Updated Guidance Regarding Advertising for Health-Related Products,” Co-Author, KKB Insight (January 6, 2023).
- “FDA Proposes Revised Definition of “Healthy” Nutrient Content Claim,” Co-Author, KKB Insight (November 28, 2022).
- “The FTC Sends Notice to over 700 Companies Regarding Deceptive Endorsements,” Co-Author, KKB Insight (October 18, 2021).
- “California’s Giving Its Cosmetic Laws a Facelift To Go For a More European Look,” Co-Author, KKB Insight (October 19, 2020).
- “FDA Issues COVID-19 Policy Providing Temporary Labeling Flexibility to Food Manufacturers,” Co-Author, KKB Insight (June 5, 2020).
- “It’s Not Always Easy Being Green – Lawsuit Related to “Recyclable” Claims Highlights Risks Related to Environmental Benefit Claims,” Co-Author, KKB Insight (March 27, 2020).
- “FDA Waives Certain Adverse Event Reporting Deadlines Across Product Industries During Pandemics,” Co-Author, KKB Insight (March 25, 2020).
B.A., University of California, San Diego
District of Columbia