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Robbie Rogart Jost

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Areas of Focus

Overview

With over a decade of experience managing complex consumer litigation, Robbie Rogart Jost knows that success requires a multi-faceted approach—understanding the product, as well as the client’s goals, business model, industry, and the regulatory framework in which it operates.

Robbie forged her litigation skills by defending clients in dozens of high-stakes class actions and mass actions and several of the largest multidistrict ligations (MDLs) in the U.S. Her practice centers on the defense of consumer product, medical device, pharmaceutical, and health care companies, including Fortune 100 companies, in consumer class actions, product liability actions, and other mass torts. By tailoring her insights accordingly, Robbie effectively guides clients in developing effective litigation strategies and making decisions that benefit both their position in litigation and as related to their market, their customers, and any regulatory oversight. Robbie also counsels clients on strategies to minimize risk, limit product liability and other litigation, and regulatory compliance.

In matters involving alleged personal injuries, including both consumer products and personal health and personal care products, Robbie has cultivated a deep understanding of medical causation issues. Clients particularly value her strength in applying her knowledge about how the human body works to unpack complex questions of medical and alternative causation and to work effectively alongside medical experts.

Robbie also excels at managing dockets of matters for clients who have large product portfolios that become enmeshed in litigation. She applies her deep understanding of the client’s business to manage multiple litigations with different allegations across jurisdictions. She provides efficient service and consistency in matter handling and resolution, she and crafts litigation strategies that serve the client’s best interests and business goals.

Robbie maintains an active pro bono practice, including work on name change, child custody, and public housing matters.

Before joining Crowell & Moring, Robbie clerked for the Honorable John F. Anderson on the U.S. District Court for the Eastern District of Virginia in Alexandria, Virginia. During law school, Robbie interned for the Honorable Marian Blank Horn on the U.S. Court of Federal Claims.

Career & Education

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    • University of Virginia, B.A., high honors, political philosophy, policy & law, 2009
    • University of Virginia School of Law, J.D., 2012
    • University of Virginia, B.A., high honors, political philosophy, policy & law, 2009
    • University of Virginia School of Law, J.D., 2012

    • District of Columbia
    • Virginia
    • District of Columbia
    • Virginia

Robbie's Insights

Client Alert | 4 min read | 10.30.24

Trends in Recent FDA Warning Letters for Cosmetic and Cosmetic-Adjacent Products

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is the most significant expansion of FDA’s authority to regulate cosmetics in nearly 85 years.  FDA is now enforcing MoCRA’s product listing and facility registration requirements (as of July 1, 2024) along with MoCRA’s adverse event reporting, safety substantiation, recall authority, and records access requirements.  But how is FDA actually effectuating its new enforcement powers regarding cosmetics?  Below we explore two significant emerging trends that shed light on this question.  These trends reveal that at present, FDA is most focused on regulating products that exist at the nexus of the definition of “drugs” and “cosmetic products.”  In other words, FDA continues to focus on companies and products already on its radar as part of its authority over drugs....

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Representative Matters

Class and Mass Action Litigation

  • Defending a global health care services company as national counsel for its entire docket of medical device and pharmaceutical product liability litigation.
  • Defending an international medical device manufacturer as national counsel in product liability litigation in the United States, including issues related to the Federal Food, Drug and Cosmetic Act and the Premarket Approval (PMA) process. In over a decade in this role, the company has never paid a judgment.
  • Defending a home appliance manufacturer in putative class action consumer protection litigation concerning alleged impacts to human health from gas cooking emissions.
  • Defended a large medical device manufacturer in the U.S. as national counsel in mass tort litigation involving product liability lawsuits in numerous state, federal, and international courts.
  • Defended a pharmaceutical distributer for a Fortune 20 company in a pharmaceutical MDL involving class and mass actions.
  • Defended universities in class action litigation alleging breaches of contract and unjust enrichment arising from closures during the COVID-19 pandemic.
  • Defended Blue Cross and Blue Shield companies in MDL involving national and statewide class actions asserting antitrust claims.
  • Defended a product manufacturer in MDL national class actions asserting claims under the Telephone Consumer Protection Act (TCPA).
  • Negotiated and supported “limited fund” settlement of hundreds of class action lawsuits against a university following its loss of accreditation.

Personal Injury Litigation

  • Defending manufacturer of cold and hot packs in numerous actions in various state and federal courts alleging burns and other injuries in connection with use of those packs.
  • Defending manufacturer of a syringe in international products liability litigation related to alleged eye injuries in connection with use of the syringe.
  • Defending distributer of mobility devices (rollators, walkers, knee scooters) in various state and federal court product liability actions related to alleged injuries in connection with use of those devices.
  • Defended a pharmacy in state court litigation alleging brain injury in connection with alleged failure to provide appropriate nutritional monitoring and support.

Risk Management Counseling

    • Assessing legal risks in connection with new business proposition for hazmat emergency response call center, including development of associated risk mitigation strategies and drafting of contractual documents.
    • Assessing legal risks for trade association and its membership of development of process safety tool, including development of associated risk mitigation strategies.

Robbie's Insights

Client Alert | 4 min read | 10.30.24

Trends in Recent FDA Warning Letters for Cosmetic and Cosmetic-Adjacent Products

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is the most significant expansion of FDA’s authority to regulate cosmetics in nearly 85 years.  FDA is now enforcing MoCRA’s product listing and facility registration requirements (as of July 1, 2024) along with MoCRA’s adverse event reporting, safety substantiation, recall authority, and records access requirements.  But how is FDA actually effectuating its new enforcement powers regarding cosmetics?  Below we explore two significant emerging trends that shed light on this question.  These trends reveal that at present, FDA is most focused on regulating products that exist at the nexus of the definition of “drugs” and “cosmetic products.”  In other words, FDA continues to focus on companies and products already on its radar as part of its authority over drugs....

View All Insights

Insights

Client Alert | 4 min read | 10.30.24

Trends in Recent FDA Warning Letters for Cosmetic and Cosmetic-Adjacent Products

Client Alert | 3 min read | 10.29.24

The Ink is Dry: FDA Issues Final Guidance for Tattoo Industry

Press Coverage | 10.08.24

Industry Still Navigating US Cosmetics Reform Hurdles

Client Alert | 1 min read | 08.06.24

Cosmetics Direct Gets Two Portal “Fillers” – Discontinuation and Relisting Features Added
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Practices

Robbie's Insights

Client Alert | 4 min read | 10.30.24

Trends in Recent FDA Warning Letters for Cosmetic and Cosmetic-Adjacent Products

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is the most significant expansion of FDA’s authority to regulate cosmetics in nearly 85 years.  FDA is now enforcing MoCRA’s product listing and facility registration requirements (as of July 1, 2024) along with MoCRA’s adverse event reporting, safety substantiation, recall authority, and records access requirements.  But how is FDA actually effectuating its new enforcement powers regarding cosmetics?  Below we explore two significant emerging trends that shed light on this question.  These trends reveal that at present, FDA is most focused on regulating products that exist at the nexus of the definition of “drugs” and “cosmetic products.”  In other words, FDA continues to focus on companies and products already on its radar as part of its authority over drugs....

View All Insights