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Gary Jay Kushner
Partner, Washington, D.C.
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gary.kushner@hoganlovells.com

Gary Jay Kushner has been a food industry lawyer for more than 30 years. He represents trade associations and corporations before government agencies, Congressional committees, and the courts in a variety of matters. Gary has particular experience with the development, interpretation, and enforcement of laws and regulations governing food production, processing, and distribution throughout the United States and internationally. He also serves as general counsel to a number of national associations.

As counsel to trade associations and companies involved in the public policy arena, Gary analyzes legislation introduced in Congress and state legislatures, as well as regulations proposed by the U.S. Department of Agriculture, the Food and Drug Administration, and other federal and state government agencies. He routinely evaluates their impact on the food industry from farm to table, and prepares amendments, testimony, and comments on such initiatives. He anticipates how laws and regulations might be changed to facilitate the marketing of food products.

Gary also represents food companies including manufacturers, distributors, and retailers in matters involving regulatory compliance. He advises them on labeling and advertising regulation; counsels them in product recalls, seizures, detention, government inspections, and related actions; and represents them in enforcement actions before government agencies and law enforcement bodies.

Before joining Hogan & Hartson, Gary served as Vice President and General Counsel for the American Meat Institute where he directed the organization's legal, regulatory, and legislative activities. Before first entering the private practice of law, he served as Staff Counsel for Scientific Affairs at the Grocery Manufacturers of America. He began his legal career as a law clerk to The Honorable John R. Hess in the Superior Court for the District of Columbia. 

Gary is a frequent lecturer and regularly contributes to numerous trade publications. He is co-author of A Guide to Federal Food Labeling Requirements, prepared for the U.S. Department of Agriculture and the U.S. Department of Health and Human Services, Government Printing Office, Washington, D.C., 1990; HACCP Management Manual: A Guide to Food Regulatory Compliance, published by Food Chemical News, Washington, D.C., 1996; and Summary of Law on Warranties and Disclaimers in the Sale of Seed, published by the American Seed Trade Association, Washington, D.C., 1996. 

Hogan Lovells Publications
03 February 2012 "Hogan Lovells contributes to new book on the FDA Food Safety Modernization Act." Food and Agriculture Alert, Hogan Lovells

23 November 2011 "WTO Rules Against U.S. Country of Origin Labeling." Food and Agriculture and International Trade Alert, Hogan Lovells

Published Works
January 2012 "The Food Safety Modernization Act: A Comprehensive, Practical Guide To The Landmark Legislation.", The Food and Drug Law Institute

PRACTICES
Food and Agriculture
Food, Drug, Medical Device and Agriculture
International Trade and Investment
Intellectual Property
Legislation and Political Law Compliance
Government Regulatory
False Advertising and Unfair Competition
Congressional Oversight and Investigations
Administrative and Public Law
INDUSTRY SECTORS
Life Sciences and Healthcare
Food, Beverages, and Agriculture
Consumer
Pharmaceutical and Biotechnology
AREAS OF FOCUS
  • Food and Agriculture Regulation, Legislation, and Enforcement
  • Food Advertising Regulation
  • Food Industry Crisis Management
  • Trade Association Law
EDUCATION
J.D., Georgetown University Law Center, 1975 A.B., with distinction, University of Michigan, 1972
MEMBERSHIPS
  • Adjunct Fellow, University of Maryland Center for Food, Nutrition, and Agriculture Policy
  • Member, Advisory Board, USDA Graduate School
  • Member, American Agricultural Law Association
  • Member, American Bar Association
  • Member, American Society of Association Executives (Past Chairman, Legal Section Council)
  • Member, Board of Directors, Advocates for Better Children's Diets
  • Member, Board of Directors, Seed Programs, Inc.
  • Member, Board of Governors, City Club of Washington
  • Member, Governing Board, Executive Committee and National Commission, Anti-Defamation League
  • Member, Institute of Food Technologists (Member, Laws and Regulations Committee)
  • Member, Federal Bar Association (Past Chairman, Council on Health and Human Services; Past Chairman, Food and Drug Committee)
  • Regulatory Counsel, Second Harvest National Network of Food Banks
  • Member, Review Committee, National Academy of Sciences/National Research Council Report, Assessing the Nation's Framework for Addressing Animal Diseases
  • Member, Association of Food and Drug Officials (AFDO)
  • Member, National Strategic Initiative Steering Committee, Partnership for Food Safety Education
  • Member, Governing Board, Jewish National Fund
AWARDS / RANKINGS
  • Chambers USA, Food and Beverages, 2008-2011
  • Who's Who in the World
  • Who's Who in American Law
  • Who's Who in America
  • Who's Who in the East
  • International Who's Who of Lawyers
  • Distinguished Order of Zerocrats
  • Distinguished Service Award, American Seed Trade Association, 2006
BAR ADMISSIONS / QUALIFICATIONS District of Columbia Maryland
COURT ADMISSIONS District of Columbia Court of Appeals Maryland Court of Appeals U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Ninth Circuit U.S. Court of Appeals, Tenth Circuit U.S. Court of Appeals, Eleventh Circuit U.S. Court of International Trade U.S. District Court, District of Columbia U.S. Supreme Court