Godfrey

Bryant M. Godfrey

Partner
Co-Chair, Healthcare Industry Group
Chair, FDA Practice
Washington, DC

My collaborative approach to helping clients navigate the FDA regulatory landscape provides results-oriented solutions to their most pressing problems.

Bryant M. Godfrey is a Partner in the Washington, D.C. office of Foley Hoag LLP, where he serves as Co-Chair of the firm's Healthcare Industry Group, Chair of the FDA Practice Group, and a member of the firm's Management Committee. Bryant Godfrey advises pharmaceutical, medical device, and biotech companies — from global manufacturers to early-stage startups — as well as trade associations on the full spectrum of FDA regulatory matters. 

For nearly a decade before joining Foley Hoag, Bryant Godfrey held multiple senior regulatory and policy positions at the U.S. Food and Drug Administration (FDA). He served as Senior Lead Regulatory Counsel in the Center for Drug Evaluation and Research (CDER), Office of Medical Policy, Office of Prescription Drug Promotion (OPDP), where he led the regulatory counsel team and advised the office on complex legal, regulatory, and policy matters relating to the promotion of prescription drug products. Bryant Godfrey also served as Special Assistant and Senior Counsel to the Principal Deputy Commissioner in the Office of the Commissioner, and as Senior Regulatory Counsel in the Center for Tobacco Products (CTP).

Bryant Godfrey provides strategic regulatory advice on a wide range of FDA issues, including product jurisdiction, medical product development and approval/clearance, labeling, advertising and promotion, scientific exchange, investigations of off-label marketing, and post-marketing commitments and requirements. Bryant’s work at Foley Hoag also encompasses Current Good Manufacturing Practices (CGMPs), Clinical Laboratory Improvement Amendments (CLIA) compliance, drug supply chain, medical device reporting, FDA warning letters and responses, dispute resolution, FDA inspections, recalls, administrative detention, import alerts and refusals, combination products, cannabis-derived products, foods and dietary supplements, cosmetics, digital health (including artificial intelligence and machine-based learning technologies), and gene and cellular therapies.

While at FDA, Bryant Godfrey established regulation policy for both medical products and tobacco products, authored and contributed to the writing of various regulations, guidance documents, and other regulatory documents, managed Agency clearance processes, and directed special projects of concern to the Commissioner and Principal Deputy Commissioner. Bryant also participated on various Agency-wide First Amendment working groups to examine and assess current vulnerabilities and potential paths forward for the regulation of medical product promotion.

Bryant Godfrey also advises emerging life sciences and health technology companies on FDA regulatory strategy and healthcare compliance issues across every stage of growth — from pre-seed formation and initial product development through clinical trials, commercialization, and exit. He counsels founders, executives, and boards of early-stage pharmaceutical, biotech, medical device, and digital health companies on regulatory pathway selection, FDA submission strategy, promotional compliance, and the regulatory due diligence considerations that arise in venture financings, strategic partnerships, and M&A transactions. This work draws on Bryant Godfrey's deep understanding of the FDA regulatory landscape and his experience representing both established manufacturers and startups navigating complex approval and compliance frameworks.

Bryant Godfrey's practice at Foley Hoag also extends to international founders and companies. He regularly advises international pharmaceutical, medical device, biotech, and digital health companies seeking to bring their products and services to the U.S. market, guiding them through FDA regulatory pathway selection, pre-market submissions, U.S. labeling and promotional compliance requirements, and the broader healthcare regulatory landscape. Bryant Godfrey helps these companies develop and execute market-entry strategies that account for the unique demands of the U.S. regulatory environment, enabling them to land and launch in the United States efficiently and in compliance with applicable FDA and healthcare laws.

Education

  • Saint Louis University School of Law, J.D., 2007
  • Saint Louis University College for Public Health and Social Justice, M.H.A., with distinction, 2007
  • Washington University in St. Louis, B.A., 2002

Bar and Court Admissions

BAR ADMISSIONS
  • District of Columbia

Experience

  • Represents trade associations and individual member companies in rulemaking and guidance development proceedings before FDA.
  • Represents prescription drug manufacturers in addressing OPDP regulatory letters, inquiries, and advisory comments and advising on promotional issues for brands across therapeutic areas.
  • Serves as the legal representative on promotional review committees for pharmaceutical and medical device manufacturers.
  • Regularly prepares (as well as provides defensive responses to) competitor demand letters, and drafts letters to OPDP on behalf of companies desiring to challenge misleading promotional claims made for competitor products.
  • Counsels academic research institutions on various FDA and CLIA requirements pertaining to the design and use of and testing with institution-developed in vitro diagnostics for treatment purposes.
  • Counsels academic research institutions on the development of medical devices and associated FDA regulatory requirements.
  • Counsels companies on FDA regulatory strategies and considerations for digital health products.
  • Counsels drug, biologic, and medical device manufacturers on various FDA import and export regulatory requirements, including reimportation and import detentions.
  • Provides FDA regulatory and policy advice and strategic counsel to stakeholders within the legal cannabis industry in the areas of clinical research, foods/dietary supplements, and cosmetics.
  • Counsels drug manufacturers on PDMA regulatory and compliance issues (including reporting obligations).
  • Assists manufacturers in responding to Warning Letters and Form FDA-483s.
  • Assists drug and medical device manufacturers with all phases of product recalls.
  • Performs regulatory due diligence in connection with various transactions involving pharmaceutical, biotechnology, and medical device companies.
  • Assists FDA-regulated companies in requesting and strategically preparing for meetings with FDA.
  • Provides FDA counsel as part of defensive litigation strategies affecting FDA-regulated companies, products, and activities.
  • Serves as FDA counsel to companies and individuals during government investigations, involving the Department of Justice and the Congress, that touch on FDA-regulated products or activities.
  • Assists companies navigate FDA’s formal dispute resolution process in response to adverse decisions.

PROFESSIONAL EXPERIENCE
  • Senior Lead Regulatory Counsel, Center for Drug Evaluation and Research (CDER), US Food and Drug Administration
  • Senior Counsel/Special Assistant to the Principal Deputy Commissioner, US Food and Drug Administration
  • Senior Regulatory Counsel, Center for Tobacco Products (CTP), US Food and Drug Administration

Other Publications

Honors & Involvement

HONORS
  • The Best Lawyers in America, Health Care Law (2024-2027)
  • The Best Lawyers in America: Ones to Watch, Health Care Law (2022)
  • FDA Commissioner's Group Recognition Award
  • FDA/CTP Collaboration Award
INVOLVEMENT
  • Co-Chair, FDLI Advertising & Promotion Conference Planning Committee (2021)
  • Member, FDLI Advertising & Promotion Conference Planning Committee
  • Board Member, Food and Drug Law Institute (FDLI)
  • Member, Food and Drug Law Institute (FDLI) 75th Anniversary Advisory Committee (2023-2024)
  • Member, National Bar Association 
  • Member, Washington Bar Association
  • Fellow, Leadership Council on Legal Diversity (LCLD)
  • Lifetime Member, FDA Alumni Association
  • Board Member, Association of Cannabinoid Specialists (ACS)

Events

2026 FDLI Annual Conference Page
Sponsorship 05/06/2026
FDA and Life Sciences Summit Page
Foley Hoag Event 05/21/2024
The ABCs of Prescription Drug Promotion Page
Foley Hoag Event 03/23/2022

Speaking Engagements

  • "FDA Regulatory Shifts and Compliance in a Changing Landscape," Foley Hoag's Boston Life Sciences Summit (October 2025)
  •  “Navigating the Shifting U.S. and Global Healthcare Regulatory Landscape,” NEHEN (September 2025)
  • "HHS in the Trump Administration: Implications and Future Directions," Foley Hoag Webinar (April 2025)
  • "Drug and Biologics Advertising and Promotion 101," ACI's FDA Bootcamp (March 2025)
  • "Laboring for Change: Black Maternal Health at the Crossroads of Work and Wellness," Foley Hoag Webinar (March 2025)
  • "Navigating the Intersection of FDA and CMS Policy: Implications of Post-Election Regulatory Shifts," Foley Hoag Webinar (December 2024)
  • "Navigating Clinical Trial Regulations: Strategies for EPO and USPTO Patent Filings," Foley Hoag Webinar (August 2024)
  • "FDA Considerations," Foley Hoag FDA and Life Sciences Summit (May 2024)
  • "Understanding the Scope of FDA Enforcement Authority and Actions,"  American Conference Institute's (ACI) FDA Boot Camp (March 2024)
  • "Promotional Challenges and Considerations for Rare Disease Treatments," Food and Drug Law Institute (FDLI) Advertising & Promotion for Medical Products Conference (November 2023)
  • "Summit for Health Equity: Encouraging Health Equity and Diversity in FDA-Regulated Clinical Trials," Foley Hoag (October 2023)
  • "Encouraging Health Equity and Diversity in FDA-Regulated Clinical Trials," Foley Hoag DE&I Thought Leadership Series: Summit for Health Equity (October 2023)
  • "Federal Policy & Regulations," CannabizMD Cannabis Science & Policy Forum: Patient Care, Policy & Emerging Trends (June 2023)
  • "Drug and Biologics Advertising and Promotion 101," American Conference Institute FDA Boot Camp (March 2023)
  • “Best Practices for Implementing a Labeling Change,” DIA 2023 Advertising and Promotion Regulatory Affairs Conference (February 2023)
  • “Promoting Diversity and Inclusion Through Advertising and Promotion,” 2022 FDLI Advertising and Promotion for Medical Products Conference (October 2022)
  • "Best Practices to Ensure Compliance with FDA Guidance on Label-Consistent Drug Promotion," Promotional Review Committee Compliance & Best Practices event (September 2022)
  • “The ABCs of Prescription Drug Promotion,” Foley Hoag Webinar (March 2022)
  • "Committee Insights: Cannabis and COVID-19 - What We Know and What We Don’t," National Cannabis Industry Association (March 2022)
  • "Planning for Launch: Navigating the Office of Prescription Drug Promotion's Core Launch Review Process," 2021 FDLI Advertising and Promotion for Medical Products Conference (October 2021)