Wade Ackerman

Wade Ackerman is co-lead of Covington & Burling LLP’s digital health industry group. With expertise in regulatory and public policy, he has nearly two decades of experience in private practice, as well as held positions within the Federal Drug Administration and on Capitol Hill.

Ackerman is highly regarded for his unique insights into the evolving legal and regulatory landscape surrounding FDA-regulated products. He advises clients on complex regulatory issues, employing coordinated strategies that encompass legal, regulatory and public policy considerations. As a leader of Covington’s digital health initiative, he oversees the firm’s comprehensive approach to legal, regulatory, commercial and policy matters related to innovative digital health technologies.

One of his recent achievements was his role as lead counsel in the successful overhaul of the FDA’s regulatory framework for cosmetics. He represented the Personal Care Products Council, the leading national trade association for the cosmetics and personal care products industry, in negotiating and advancing the reform package known as MoCRA (Modernizing Cosmetics Regulation Act). MoCRA was signed into law by President Joe Biden on Dec. 29, marking the first significant update to the FDA’s oversight of the cosmetics industry since 1938. Ackerman continues to contribute to the reforms as a leader of the Personal Care Products Council’s MoCRA implementation steering committee, working alongside FDA and member companies, including Johnson & Johnson, Procter & Gamble, Sanofi, Estee Lauder, L’Oreal, Unilever, Chanel and LVMH.

This case is significant in the health care field as it represents a bipartisan effort in Congress and collaboration among diverse stakeholders to advance science-based federal reforms in cosmetics regulation. Overcoming challenges and achieving federal cosmetics regulatory reform after more than eight decades since the last meaningful update is a milestone worth celebrating.

According to Ackerman, there are important trends in the health care field that require attention. For instance, the establishment of the RWE (Real-World Evidence) Alliance in 2021 aimed to bring together companies in the health data and analytics sector, even amid the pandemic.

“We first kicked off the RWE Alliance in 2021, and given the ongoing pandemic at the time, we had to bring together diverse companies from the health data and analytics sector without ever stepping foot in the same room,” Ackerman said. “Despite the period of fully remote interactions, we were able to start a new industry association dedicated to the important work of advancing the use of real-world health data to inform FDA and ultimately benefit patients.”

While not serving as lead counsel, Ackerman has played a significant role in the discussion surrounding the deployment of AI in health care and life sciences. He emphasizes the need for new policies and approaches to fully harness the potential of AI while addressing associated risks. Regulatory bodies like the FDA, U.S. Department of Health and Human Services and state agencies must adapt to these advancements and consider their own use of AI, necessitating a reevaluation of traditional regulatory silos.

In addition to his professional accomplishments, Ackerman is recognized for his contributions to various organizations. He serves on the board of directors for the California Life Sciences Association and the board of trustees for the Keck Graduate Institute. He is also a member of the Legal Council of the Williams Institute, a prominent think tank at UCLA Law focused on research regarding sexual orientation and gender identity law and public policy.