Supreme Court nominee John Roberts explained his failure to disclose a lobbying contact on behalf of sunscreen makers by noting that he had considered the meeting an act of legal representation somehow distinct from lobbying, because the substance of his conversation with the administration was that the industry would litigate labeling requirements as a First Amendment problem. Legal vs. lobbying? Consider what the Lobby Disclosure Act has to say about what constitutes a lobbying contact: oral or written communication check made to a covered official check: OMB and FDA leadership are "covered officials" on behalf of a client check: representing the industry regarding federal legislation, federal rules or regulations, administration of a federal program or policy, or nomination or confirmation for an appointment requiring Senate confirmation check: FDA's proposed sunscreen labeling regulations Find out more about what constitutes lobbying here, courtesy of NPAction, a resource from OMB Watch to help nonprofits learn more about lobbying and other means of effective advocacy.