Beth P. Weinman
Counsel
Beth Weinman is a member of the firm’s FDA regulatory practice group. She focuses her practice on FDA regulation and enforcement of laws governing pharmaceuticals, biologics, medical devices and dietary supplements.
As a former lawyer with the U.S. Food and Drug Administration, Beth brings valuable perspective to clients who turn to her for representation in government investigations, and assistance with internal compliance investigations and FDA enforcement actions. Most recently, Beth has been assisting clients with efforts related to the COVID-19 public health emergency. This work has encompassed advising on the latest FDA guidance and emergency use authorizations regarding personal protective equipment and diagnostic tests, the submission of new Emergency Use Authorization requests to FDA, and the analysis of PREP Act liability questions. She also counsels on the development of new medical technologies, including 3D printing of devices, as well as the implications of CARES Act provisions directly relevant to FDA-regulated life sciences companies.
Clients frequently look to Beth for representation when facing government investigations or engaging with FDA on regulatory compliance matters, particularly in connection with alleged manufacturing practice violations or inappropriate marketing. She has extensive experience representing clients in False Claims Act (FCA) and Federal Food, Drug, and Cosmetic Act (FDCA) investigations, internal compliance investigations, and other enforcement actions before state and federal regulators. In addition, she regularly counsels clients through product recalls and withdrawals, responses to 483s and warning letters, and matters regarding marketing practices, manufacturing practices, data integrity issues and good clinical practices. Beth also represents clients in administrative litigation.
Prior to joining Ropes & Gray, Beth spent nearly eight years as Associate Chief Counsel for Enforcement within FDA’s Office of Chief Counsel. In that role, she worked closely with FDA’s Office of Criminal Investigations, the U.S. Department of Justice and other government agencies to investigate and, when appropriate, prosecute alleged violations of the FDCA and related crimes (e.g., mail fraud, wire fraud, health care fraud, and conspiracies to defraud) under Title 18. She also worked on numerous parallel and independent FCA investigations involving FDA-regulated drugs and devices, and has significant experience in opioid-related investigations.
Before starting at FDA, Beth spent more than seven years as an associate in the litigation department of a large New York law firm, where she represented several pharmaceutical companies in government investigations and securities class-action lawsuits, among other matters.
Experience
Investigations
- Led an internal compliance investigation for a U.S. pharmaceutical client in connection with manufacturing and data integrity issues at foreign facility.
- Led internal investigation into alleged cGMP and QSR violations in connection with manufacturing of combination product.
- Represented a U.S. medical products client in connection with multiple federal parallel criminal and civil investigations involving alleged cGMP and QSR violations .
- Prepared client for questioning by FDA in connection with device investigation that lacked an investigational device exemption.
- Counseled medical device manufacturer regarding potential civil and criminal exposure associated with cGMP compliance issues at manufacturing site.
- Counseled medical device manufacturer regarding potential civil and criminal exposure associated with data integrity issues in preclinical research.
Medical Devices
- Counseled medical device manufacturer through recall negotiations with FDA that resulted in a labeling correction rather than a product removal.
- Represented and counseled client through self-report of compliance issues impacting multiple product categories and implementation of remediation plan.
- Counseled multiple clients through emergency use authorization process for decontamination systems for personal protective equipment and for diagnostic tests in connection with COVID-19 pandemic.
- Advised client in connection with device importation.
Pharmaceuticals
- Regularly counsel clients regarding advertising and promotional issues.
- Represented pharmaceutical client in connection with challenge to an FDA clinical hold imposed on a Phase II trial.
- Advised client in connection with potential regulatory challenge and litigation options in connection with agency denial of certain labeling claims.
- Counseled rare disease drug manufacturer in connection with offering compassionate use access to an investigational drug.
- Counseled pharmaceutical client in connection with outreach to FDA on question about compliance with unclear regulation.
- Counseled client regarding OTC monograph compliance in connection with hand-sanitizer.
Publications
- Co-author, “What’s Next for COVID-Era Emergency Use Medical Devices,” Law360 (January 19, 2022)
- Quoted, “Attorneys Predict Pandemic-Related Rise in False Claims Allegations,” Medtech Insight (December 14, 2021)
- Co-author, “The American Medical Product Supply Chain: Will COVID-19 Drive Manufacturing Back Home?” Food and Drug Law Institute’s Food and Drug Law Journal (October 15, 2021) Published with permission of FDLI and the Food and Drug Law Journal
- Co-author, “Potential Costs of Reshoring Pharmaceutical Manufacturing,” Bloomberg Law (April 7, 2021)
- Co-author, “Review of 2020 FDA Enforcement Activities,” Policy & Medicine (February 15, 2021)
- Co-author, “Deconstructing the Consent Decree: A Primer and Recent Trends for FDCA Injunctions,” Food & Drug Law Institute Update Magazine (Winter 2020)
- Co-author, “Questions Raised By FDA's New Lab Test Policy,” Law360 (October 20, 2020)
- Co-author, “FDA Announces It Will No Longer Review EUA Requests for COVID-19 Laboratory Developed Tests,” Ropes & Gray Alert (October 9, 2020)
- Co-author, “District Court Upholds Acclarent Executives Strict Liability Conviction for Off-Label Promotion,” Ropes & Gray Alert (September 17, 2020)
- Co-author, “Keeping Track of the Quacks: Drug and Device Enforcement in the COVID-19 Era,” Food and Drug Law Institute Update Magazine (September 2020)
- Co-author, “HHS Lab Test Rule's Likely Impact During And After COVID-19,” Law360 (August 31, 2020)
- Co-author, “Analysis: FDA Response to COVID-19: A Shifting Landscape,” Ropes & Gray Alert (June 29, 2020)
- Co-author, “Pandemic May Spur Reform of Lab Test Regulation,” Law360 (April 7, 2020)
- Co-author, “Will the Coronavirus Spur Passage of LDT Reform Legislation,” Ropes & Gray Alert (March 25, 2020)
- Co-author, “2019 FDA Enforcement Review: Drugs, Biologics, Devices, and Dietary Supplements,” Ropes & Gray FDA Regulatory Alert (February 4, 2020)
- Co-author, “When DOJ Seeks Dismissals Of Life Sciences FCA Cases,” Law360 (December 12, 2019)
- Co-author, “Kisor May Be A New Dawn For Challenges To FDA Actions,” Law360 (December 2, 2019)
- Co-author, “A Guide To FCA Cooperation Credit For Life Sciences Companies,” Law360 (June 18, 2019)
- Co-author, “FDA Draft Guidance On Medical Device Inspections Is Limited,” Law360 (May 10, 2019)
- Co-author, “2018 FDA Enforcement Review: Drugs, Biologics And Devices,” Law360 (January 28, 2019)
- Profiled, “Fresh From US FDA’s Chief Counsel Office, Beth Weinman Talks Qui Tam and Compliance,” Medtech Insight (November 13, 2018)
- Profiled, “Ropes & Gray Adds Ex-FDA Enforcement Pro In DC,” Law360 (October 26, 2018)
Presentations
- Moderator, False Claims Act panel at Food & Drug Law Institute's 2021 Enforcement, Litigation and Compliance Conference (December 10, 2021)
- Speaker, “Everything But the FDCA: An Evolving Enforcement Arsenal,” FDLI Annual Conference (May 19, 2021)
- Speaker, “Outlook 2021: Washington, D.C. Updates and Insights on Life Sciences and Health Care,” Ropes & Gray Teleconference (February 25, 2021)
- Speaker, “Enforcement and Litigation,” FDLI Fundamentals of Vaccine Regulation – Scientific Ingenuity and Rigorous Review (February 4, 2021)
- Speaker, “Evolving Off-Label Enforcement Theories,” FDLI Enforcement, Litigation, and Compliance Conference (December 15-16, 2020)
- Speaker, “The American Pharmaceutical Supply Chain: Will COVID-19 Drive Manufacturing Back Home?” FDLI 2020 Symposium (November 12-13, 2020)
- Moderator, “Continued Reliance on Foreign Drug Manufacturing and the Drug Supply Chain: Manageable Risk or Public Health Concern,” FDLI On-Demand Webinar (September 16, 2020)
- Speaker, “What Patient Organizations Should Know to Interact with FDA During COVID-19,” FDLI Conference (September 2, 2020)
- Speaker, “COVID-19: Introduction to FDA’s Legal Authorities and Emerging Issues,” FDLI Conference (August 18-19, 2020)
- Speaker, “Food and Drug Regulatory Trends and Developments: Navigating Implications for the Year Ahead,” The Knowledge Group Webinar (August 5, 2020)
- Moderator, “Enforcement Trends,” FDLI Regenerative Medicine Conference (April 2, 2020)
- Speaker, “Violations, Enforcement and International Issues,” FDLI Introduction to Biologics and Biosimilars Law and Regulation (April 1, 2020)
- Speaker, “Outlook 2020,” Ropes & Gray Teleconference (January 30, 2020)
- Speaker, “Navigating the Intersection Between Litigation Tactics and Regulatory Issues,” FDLI Enforcement, Litigation, and Compliance Conference (December 11-12, 2019)
- Speaker, “With Great Influence Comes Great Responsibility,” FDLI 2019 Symposium (November 15, 2019)
- Speaker, “Mini Summit XXIII: Social Media Engagement by Manufacturers,” 21st Annual Pharmaceutical and Medical Device Compliance Congress (November 4-6, 2019)
- Presenter, “Violations, Enforcement and International Issues” Food and Drug Law Institute’s Introduction to Biologics and Biosimilars Law and Regulation, Washington, D.C. (October 2, 2019)
- Moderator, “Focus on Investigations: Government Trends and Best Practices for Internal Investigations,” FDLI Annual Conference (May 2-3, 2019)
- Speaker, “Outlook 2019,” Ropes & Gray Teleconference (January 23, 2019)
Education
- JD, New York University School of Law, 2003
- BA, Columbia College, 1997
Admissions / Qualifications
Qualifications
- District of Columbia, 2020
- New York, 2004