Photo of Paul Smith

Paul knew he’d be a litigator from the beginning of his legal career: he sees himself first and foremost as a problem solver who thrives on finding answers and developing arguments. With a gift for thinking on his feet, Paul excels at presenting a winning narrative in court and during mediation. Based in California, he is especially adept at working in difficult jurisdictions.

Throughout a nearly 20-year career, Paul has handled a wide variety of litigation, including professional liability, intellectual property, and construction defect; however, he has focused primarily on asbestos and toxic tort since 2018. He values working in such a personal field filled with individual stories, and he loves digging through the facts of a case, getting to the answers, and developing a solid narrative.

With a heavy focus on manufacturing clients, Paul has worked frequently with power equipment manufacturers for the energy industry and electrical component manufacturers, and he focuses much of his current practice on a multinational conglomerate corporation. Paul serves on the firm’s national coordinating counsel teams, assisting with client toxic tort needs in jurisdictions across the country. His goal is simply to make matters easier for clients by finding straightforward solutions to complex problems.

Overview of the Ban

On January 16, 2025, the U.S. Food and Drug Administration (FDA) announced a significant regulatory change by revoking the authorization for use of Red Dye No. 3 in food (including dietary supplements) and ingested drugs. As noted in a prior Husch Blackwell Legal Update, the FDA based its decision on the Delaney Clause of the Federal Food, Drug, and Cosmetic Act, which prohibits the approval of additives found to induce cancer in humans or animals. The FDA recognizes that although the hormonal mechanism causing cancer in rats is not applicable to humans, Red Dye No. 3’s presence in the food and drug supply is sufficient to require a ban under the Delaney Clause. The FDA’s decision marks a pivotal shift in food and drug safety regulations.