Richard Fama

Member

New York

(212) 908-1229

(866) 263-1334

Rich has a national reputation for successfully representing businesses in complex litigation and consumer class action lawsuits in state and federal courts throughout the United States. He has litigated before almost every federal judge in and around New York City, and is familiar both with their courtroom procedures and their approaches to various types of cases.

He regularly defends companies in the food, pet food, beverage, dietary supplement, cannabis, and consumer products industries in labeling and advertising claims, class action consumer fraud actions, product liability lawsuits, and business disputes.  Understanding and appreciating the costs, distractions, and potential reputational damage associated with litigation, Rich actively assists companies in mitigating their risks of litigation by advising them on litigation trends and regulatory compliance.  Specifically, he advises clients on applicable federal, state and industry regulations, guidelines and standards, including those promulgated by the Food and Drug Administration, U.S. Department of Agriculture, Consumer Product Safety Commission, Federal Trade Commission and the Association of American Feed Control Officials.  He also regularly advises clients on compliance with California’s Proposition 65 and country of origin or so-called “Made-in-the-USA” claims.  In fact, he successfully argued before the Ninth Circuit Court of Appeals on the applicability of California’s “Made-in-the-USA” labeling law. Rich also guides clients through the  complexities associated with consumer and food product recalls. 

Richard frequently speaks on consumer class action and product regulatory issues and has authored and co-authored several articles on class action litigation and product regulatory compliance, including compliance with Made-in-the-USA labeling laws. 

 

Experience

Blogs

Food Recall Monitor

A recipe of food, law and insurance.

http://www.foodrecallmonitor.com

 

News

Hazy Regulations, Huge Reward

March 13, 2019

Rich Fama discussed with Marijuana Ventures the rise of CBD products and the lack of clarity at the federal level on regulating CBD.

Food Allergy Lawsuits Can Be a Tough Nut to Crack

July 11, 2016

Richard Fama, vice chair of Cozen O'Connor's General Litigation practice, discusses how food allergy lawsuits can be tough to litigate in the Legal Intelligencer.

Cozen O’Connor Attorneys Speak On Food & Product Recall Strategies For Mealey’s

April 30, 2008

Four Cozen O’Connor members recently participated in the Mealey’s Food and Product Recall Business Strategies Conference, held in Las Vegas. John J. McDonough served as co-chair of the conference, and delivered the opening address. Richard Fama spoke on managing a recall and handling consumer claims in his presentation, entitled ''Product Recalls and Class Action Litigation from A-Z,'' and Joseph F. Bermudez lectured on ''Insurance Coverage Issues – A Comprehensive Overview.'' Vincent Pozzuto delivered a lecture on ''The FTC and ‘Made in the USA’ Claims,'' covering the history of regulation and the current qualified claims standard.

Publications

Making Sense of "Made in the USA"

July 30, 2020

Richard Fama and Brenden Coller contributed an article to Retail Leader discussing what “Made in the USA” really means and if the definition of that phrase will change given the Federal Trade Commission’s (FTC) recent announcement of a proposed rule governing “Made in the USA” claims.

What Marketers Should Know About the Regulation of CBD-Based Products

August 05, 2019

Richard Fama & Kristin Keehan discuss the different regulatory bodies as well as various state laws that create these challenges for companies marketing CBD-containing products.

Avoiding a Legal Hangover [Bar Business Magazine]

August 01, 2019

Richard Fama and Dean Porter contributed an article to the Bar Business Magazine discussing different types of bar and restaurant advertisements along with the federal regulations behind it.

CBD-Based Products: What Marketers Should Know in Today's Uncertain Regulatory Landscape [Cannabis Business Executive]

July 15, 2019

Richard Fama and Kristin Keehan contributed an article to CBE discussing the high demands of CBD-containing products along with concerns from the FDA.

What does the legalization of CBD mean for marketers? [Marijuana Venture]

April 09, 2019

Richard Fama and Kristin Keehan published an article to the Marijuana Venture Magazine discussing the different markets obtained by this product and how Congress is reacting.

Power Lunch: Are Your Products Really 'Made in the USA'? [Food Processing]

June 25, 2018

Richard Fama and Brenden Coller, members in the firm's Commercial Litigation Department, published, "Power Lunch: Are Your Products Really 'Made in the USA'?" for Food Processing.

'Made In USA' Ruling Reflects New, Looser Calif. Standard

May 08, 2018

Rich Fama and Brenden Coller, members of the firm's Commercial Litigation Department, co-authored, "'Made In USA' Ruling Reflects New, Looser Calif. Standard," for Law360.

Defending Made-In-The-USA Claims

October 09, 2017

Brenden Coller and Richard Fama, of Cozen O'Connor's Commercial Litigation Department, co-authored, "Defending Made-In-The-USA Claims," for Assembly Magazine.

Summer 2007 [Commercial Disputes Observer]

August 01, 2007

Summer 2007 - Commercial Disputes Observer -

Education

  • Hofstra University School of Law, J.D., 1993
  • New York Inst. of Technology, B.S., 1987
  • New York
  • Defense Association of New York
  • New York State Bar Association
  • The Association of the Bar of the City of New York