Richard L. Frank's Profile Image

Richard L. Frank

Phone: (202) 789-1212
Fax: (202) 234-3550

Rick Frank is a founding principal of OFW Law. He served as the firm's Managing Principal for 37 years. Rick is a well-recognized expert on the labeling, advertising, and inspection and safety of food and drug products regulated by the Food and Drug Administration, the United States Department of Agriculture, and the Federal Trade Commission. He has testified many times before the U.S. Congress, the FDA, FTC, and the Department of Agriculture on labeling, advertising, and inspection issues.

In 2016, Rick was named Health Care Lawyer of the Year for 2017 by Best Lawyers®

Rick is a former Chairman of the Board of The Food Institute (2003-2005): the 75-year-old leader in providing marketplace and regulatory news to the food industry. Rick is the founder and Chairman Emeritus of Lawyers Have Heart, a fundraiser for the American Heart Association, and has been named Individual With The Biggest Heart Fundraising Winner for 25 consecutive years by AHA/Lawyers Have Heart. Rick serves as General Counsel to the Healthcare Distribution Alliance, the National Confectioners Association,  and The Food Institute.

He was born in Elizabeth, New Jersey, and educated at the University of Michigan, obtaining his B.A. in 1972(summa cum laude) and his J.D. in 1976. He was a member of the Michigan Law Review and a member of Phi Beta Kappa. He was admitted to the Michigan Bar in 1976 and the District of Columbia Bar in 1977. Rick served as Adjunct Law Professor at the Columbus School of Law at Catholic University of America from 1985 to 1986. He is currently a member of the District of Columbia Bar and the American Bar Association.

Bar and Court Admissions

  • Michigan, 1976
  • District of Columbia, 1977

Education

  • University of Michigan, Bachelor of Arts, 1972
    Summa Cum Laude, Phi Beta Kappa
  • The University of Michigan Law School, Juris Doctor, 1976
    University of Michigan Law Review, Member, 1975-1976

Special Agencies

  • Food and Drug Administration (FDA)
  • United States Department of Agriculture (USDA)
  • Tax and Trade Bureau (TTB)
  • Federal Trade Commission (FTC)

Representative Cases

  • National Grain and Feed Ass'n v. Occupational Safety and Health Admin., 858 F.2d 1019 (C.A.5 1988)
  • Community Nutrition Institute v. Block, 749 F.2d 50 (C.A.D.C. 1984)
  • American Meat Institute v. U. S. Dept. of Agriculture, 646 F.2d 125 (C.A.4 (Va.) 1981)

Speaking Engagements and Teaching

  • Guest lecturer, Gerald R. Ford School of Public Policy, University of Michigan, 2005
  • Adjunct Law Professor, Columbus School of Law at Catholic University of America, 1985-1986
  • Frequent contributor to John Block Reports from Washington and the OFW Blog – Former Secretary of Agriculture John R. Block reports weekly to rural America by radio commentary on (Washington, D.C.) issues of the day impacting farming and the agriculture industry. View Rick Frank's contributions to John Block Reports.
  • “Barack Hussein Obama – a Retrospective” (January 19, 2017)

  • “Election Day 2016 – The Need for a Balanced Government (October 27, 2016)
  • “Is Donald Trump Right for American Agriculture?” (March 31, 2016)
  • “A Case Against Mandatory GMO Labeling” (January 28, 2016)
  • “2015 Dietary Guidelines – Will They Be Credible?” (November 19, 2015)
  • “Alcohol and the Dietary Guidelines” (July 16, 2015)

  • “Dietary Guidelines – Confused About Caffeine” (March 25, 2015)

Publications

  • Washington Legal Foundation, Legal Backgrounder, FDA’s “Added Sugars” Labeling Mandate Raises First and Fourth Amendment Concerns (September 26, 2014)

  • Washington Legal Foundation, Counsel’s Advisory, Public Should Scrutinize Federal Dietary Guidelines’ Support for New Regulations (February 13, 2014)

  • Washington Legal Foundation, Counsel’s Advisory, Updated Medical Privacy Rules Challenged As Unconstitutional (October 11, 2013)
  • Washington Legal Foundation, Legal Backgrounder, Updated Medical Privacy Rules Under Federal HITECH Act Constitutionally Suspect (July 19, 2013)
  • "Legal Focus: Agribusiness,” Lawyer Monthly, November 2012
  • "Importing Food Into the U.S.: A Regulatory Guide," The Food Institute Press, 2007
  • "The U.S. Food Labeling Guide III," The Food Institute Press, 2006
  • "OSHA Inspection Manual," The Food Institute Press, 2005
  • "The Mad Cow Disease Primer," The Food Institute Press 2004
  • "Food Industry Bioterrorism Act Guide," The Food Institute Press, 2004
  • "The U.S. Food Labeling Guide II," The Food Institute Press, 2004
  • "Comments Due On Federal Proposal Targeting Malt Beverages," Washington Legal Foundation Legal Backgrounder, Vol. 11, No. 8, May, 2003
  • "A Primer on Canadian Rules On Nutrition Labeling, Nutrient Content Claims, and Health Claims," The Food Institute Press, 2003
  • "FDA Limits On Print Drug Ads Violate The First Amendment," Washington Legal Foundation Legal Backgrounder, Vol. 17, No. 42, October, 2002
  • "Guide to Handling FDA Food Inspections," The Food Institute Press, 2002
  • "Guide to Regulation of Food Ingredients and Food Packaging Materials," The Food Institute Press, 2002
  • "A Primer On Food Biotechnology," The Food Institute Press, 2001
  • "A Primer On Food Irradiation," The Food Institute Press, 2001
  • "HACCP & U.S. Food Safety Guide," The Food Institute Press, 2000
  • "The U.S. Food Labeling Guide," The Food Institute Press, 1998
  • "The FDA Under Siege," New Directions in Health Care and Food and Drug Law, Legal Times, July 17, 1995
  • "Final Round of the Fight Over Food Labels," Legal Times of Washington, Volume XV, Number 34, January, 1993
  • "Complying With the Nutritional Labeling and Education Act," The Food Institute Press, 1993
  • "Regulators Dish It Out on Food Labeling," Legal Times of Washington, Volume XIV, Number 36, January 27, 1992
  • "History of Health Claims Regulation," 45 Food Drug Comm. L.J. 655, November, 1990
  • "The USDA's Compliance and Enforcement Program," 44 Food Drug Comm. L.J. 205, 1989
  • "Food Labeling and Inspection Issues--1981-1983: Living with the Regulators," Food Drug and Cosmetic Law Journal, Volume 38, October, 1983
  • "USDA Pre-Market Label Approval Process Criticized," Legal Times of Washington, Volume III, Number 22, November 2, 1981
  • "Food Labeling-The Case for National Uniformity," Food, Drug and Cosmetic Law Journal, Commerce Clearing House Publication, Volume 34, Number 10, October, 1979
  • "Antitrust Consequences of United States Corporate Payment to Foreign Officials," Vanderbilt Law Review, Volume 30, Number 2, March, 1977
  • "Some Observations on the Disposition of CCW Cases in Detroit," Michigan Law Review, Volume 74, Number 3, January, 1976

Honors and Awards

Community Service and Pro Bono Work

  • Founder and Chairman Emeritus of Lawyers Have Heart, a fundraiser for the American Heart Association, Lawyers Have Heart has raised over $10 million, celebrating its 27th Anniversary in 2017
  • Named Individual With The Biggest Heart Fundraising Winner for 20 consecutive years by AHA/Lawyers Have Heart

Browse Rick Frank's posts on the Ag/FDA Blog