Sarah Roller, J.D., R.D., M.P.H., is a partner in the firm’s Washington, D.C. office and chair of the Food and Drug Law practice. She focuses her practice on the representation of U.S. and global companies and industry trade organizations engaged in the development, manufacture, import, export, distribution and marketing of foods, beverages, dietary supplements, functional foods, nutraceuticals, medical foods, cosmetics, skincare products, medicines, medical devices, health IT and other health care products.
Sarah provides legal counsel on regulatory compliance and legal risk management strategies, enabling clients to make sound business decisions in a manner that maintains compliance and minimizes the risks that stem from regulatory missteps, government enforcement and related legal and business risks. Sarah leverages her multidisciplinary background in law, human nutrition, food science and public health to help clients ensure that their products are safe, their labeling and marketing claims are accurate and substantiated, and their systems for managing domestic and foreign supply chains, facilities, manufacturing and U.S. product distribution and recall comply with U.S. requirements. Sarah has substantial experience representing companies and industry trade associations in complex regulatory and public policy matters involving FDA, USDA, TTB, CBP, FTC and the U.S. Congress. She also defends companies in enforcement matters brought by federal and state regulatory agencies, and in litigation matters involving product safety, labeling or marketing claims.
Food and Drug Law Institute (FDLI)
Frequent lecturer for FDLI programs
FDLI Introduction to US Food Law and Regulation programs–Curriculum Advisor, 2018
FDLI Food Enforcement and Compliance Conference–Chair of Planning Committee, 2018
Food and Drug Law Journal Editorial Advisory Board, 2018–present and 2002–2007, Editorial Advisory Board Chair, 2006-2007
Registered Dietitian, 1981-present
Successfully represented a cooperative association of 450 family-owned dairies, maker of the best-selling brand of butter in the Western U.S., in a class action filed in the Los Angeles Superior Court, alleging that the labeling of certain of their dairy products were false and misleading in violation of the California Unfair Competition statutes, as well as the Consumer Legal Remedies Act. Judge dismissed the case with prejudice on federal preemption grounds.
Developed successful health claim petition resulting in FDA approval of claims concerning walnut consumption and the reduced risk of heart disease.
Defended a beverage marketer in an FTC investigation concerning substantiation support for advertising claims promoting beverage consumption benefits in promoting cardiovascular health and wellness.
Served as co-counsel representing the leading dairy processor trade association in response to allegations that it had misled consumers about the benefits of dairy products.
Served as co-counsel on behalf of a coalition of dairy processors and retailers in a lawsuit alleging that they failed to adequately warn milk consumers about lactose intolerance.
International Dairy Foods Ass’n v. Amestoy, 92 F.3d 67 (2d Cir. 1996)
Served as co-counsel to plaintiffs in challenging a state law on First Amendment grounds that required labeling for milk derived from animals treated with the first FDA-approved animal drug from recombinant DNA, where the labeling could not be justified on consumer deception or public health grounds.
Developed and coordinated multidisciplinary regulatory and legislative strategy on behalf of a food company to support FDA and USDA enforcement of food ingredient safety and labeling standards applicable to meat products.
Facilitated the evaluation of legal standards and procedures in several European countries in support of an international launch strategy for a new ingredient product on behalf of an international supplier of ingredients for food and dietary supplement products.
Conducted regulatory compliance due diligence assessment and prepared report-making findings and recommendations with respect to FDA and FTC requirements and similar state law requirements for a global Fortune 100 food company.
Recognized nationally as a leading practitioner in the Food & Beverages: Regulatory & Litigation area by Chambers USA, 2007-2020.
The Best Lawyers in America© (Woodward/White, Inc.), FDA Law, 2014-2020.
Recognized as a leading attorney in the Food and Drugs practice area by Washington D.C. Super Lawyers, 2016-2020.
Recommended in US Legal 500 for her work in the Marketing and Advertising area, 2010 and 2011.
Practice group ranked National Tier 2 for FDA Law in the U.S. News & World Report and Best Lawyers 2011-2012 report of Best Law Firms.
Recipient of the Burton Foundation Award for Legal Achievement for the Food and Drug Law Journal article titled “Promoting Functional Foods and Nutraceuticals on the Internet,” 2000, with Harold J. Feld.
International Bar Association, Product Law & Advertising Committee (Officer 2016–present), Healthcare & Life Sciences Committee, and Agriculture Law Committee
American Bar Association, Antitrust and Consumer Law Section, Administrative Law and Regulatory Section, Section of Science & Technology Law, National Academies of Sciences, Engineering, and Medicine (NASEM), Health and Medicine Division, Food and Nutrition Board–Food Forum, Member, 2011-2017, served on various Food Forum planning committees including for the following programs:
- Nutrigenomics and the Future of Nutrition: A Workshop, December 5, 2017
- Food Literacy: How Do Communications and Marketing Impact Consumer Knowledge, Skills, and Behavior? A Workshop, September 3-4, 2015
- A Workshop on the Human Microbiome, Diet, and Health, February 22–23, 2012
Academy of Nutrition and Dietetics
American Public Health Association
Institute of Food Technologist