Vodra/Levine Food and Drug Law Journal
Article Wins 2005 Burton Award for Legal Achievement
The Food and Drug Law Journal is proud to announce that William W. Vodra and Arthur N. Levine, partners in the Washington, D.C. office of Arnold & Porter LLP, received a 2005 Burton Award for Legal Achievement for their article entitled "Anchors Away: The Food and Drug Administration's Use of Disgorgement Abandons Legal Moorings," 59 Food & Drug Law Journal 1-30 (2004).
The article addresses the fundamental elements of the equitable remedy of disgorgement and discusses the Food and Drug Administration's (FDA's) pursuit of such to enforce alleged violations of the Federal Food, Drug, and Cosmetic Act. The authors demonstrate that FDA's recent actions depart significantly from historic precedents. Because profound issues are presented for the agency, courts, and regulated companies, the authors recommend that FDA take affirmative actions to ensure that this enforcement tool is not improperly used in the future. Further, they argue for the agency to seek independent case-by-case judicial evaluation of the remedy.
The Burton Foundation presented the 2005 Burton Awards for Legal Achievement at a June 6th event held in the Great Hall of the Library of Congress, Washington, D.C. The awards are given to promote clear, cogent, and effective writing; reward eloquent writing for scholarly works; advance the plain language style of writing for statutory and regulatory drafting; and recognize other contributions and accomplishments in law. (http://www.burtonawards.com)
This is the third time in the past six years that Journal articles have won the Burton Award. Sarah E. Taylor and Harold J. Feld received the 2000 Burton Award for their article entitled "Promoting Functional Foods and Nutraceuticals on the Internet," 54 FOOD AND DRUG LAW JOURNAL 423-452 (1999).
Peter J. Goss, Debra L. Worthington, Merrie Jo Stallard, and Joseph M. Price received the 2002 Burton Award for their article entitled "Clearing Away the Junk: Court Appointed Experts, Scientifically Marginal Evidence, and the Silicone Gel Breast Implant Litigation," 56 FOOD AND DRUG LAW JOURNAL 227-240 (2001).
FDLI extends its thanks and congratulations to these co-authors for their achievement.