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KKB’s history
dates from 1953, when the firm’s founder, Vincent A. Kleinfeld,
began his private practice.
Mr. Kleinfeld was one of the first lawyers to devote his practice
to “FDA law.” He began his career during the New Deal
days in the Department of Justice, where for several years he headed
a team of attorneys in charge of litigation under the then-new
Federal Food, Drug, and Cosmetic Act of 1938. Later he served the
Congress as counsel to the “Delaney Committee,” where
he helped frame many of the important statutory concepts that were
incorporated in amendments to the Act relating to pesticides, chemicals,
and food additives. Mr. Kleinfeld’s wry and seasoned view
of the world still provides useful guidance even after the passage
of many years. For example, in 1967 he offered the following comment
on the relationship between FDA and industry:
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“True cooperation is, after all, built on mutual respect
between two equally competent, but independent, parties. If
either party becomes the handmaiden of the other, we reach
a stage of subservience, not cooperation. Thus, it would be
as tragic for FDA to begin to run industry’s business
as it would be for industry to begin to run FDA’s affairs.” |
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Mr. Kleinfeld was active in the firm until his death in 1993.
Mr. Kaplan began his career with the FDA chief counsel’s
office and, in 1960, joined Mr. Kleinfeld in private practice,
when the firm became known as Kleinfeld and Kaplan. During the
course of his career, Mr. Kaplan represented clients in every aspect
of FDA law, and was always involved in the most important FDA-related
legal issues of the day. Mr. Kaplan was active in the firm until
his death in August 2001.
Mr. Becker began his career, together with Mr. Kaplan, in the
FDA chief counsel’s office. He left to join the legal department
of Norwich Eaton Pharmaceuticals until, in 1969, he was lured back
to Washington, DC, by Messrs. Kleinfeld and Kaplan. Since then,
the firm has retained its present name. Mr. Becker retired in 1997.
In the years since 1953, we have been involved in a long series
of fascinating and important legal issues. Here is a sample:
| 1958-1962 |
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Passage of major amendments to the law regulating food additives,
color additives, and the effectiveness of drugs. |
| Since 1962 |
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Resolving the status of pre-1962 prescription drugs under
the law. |
| Since 1972 |
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Interpreting new rules for over-the-counter drugs under FDA’s
monograph system. |
| Since 1976 |
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Regulation of medical devices under new authorities granted
to FDA. |
| Since 1984 |
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Passage of major legislation permitting the wide use of generic
drugs, and resolving ongoing issues raised by the legislation. |
| Since 1987 |
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Working with food companies to implement health claims for
foods and new labeling requirements. |
| Since 1994 |
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Working with dietary supplement companies to implement the
new regulatory status accorded to supplements. |
| Since 1997 |
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Assisting clients in implementing new opportunities for drug
marketing, drug exclusivity, medical device approval, approval
of claims for foods, and other issues under the Food and Drug
Administration Modernization Act. |
| Since 2002 |
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Advising on new requirements under bioterrorism legislation. |
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Responding to FDA anti-counterfeiting initiatives with respect to prescription drugs, advising companies that are victims of counterfeiters, defending a major combined FDA and FTC action against a dietary supplement manufacturer and distributor, and advising on HIPAA, drug reimportation, Medicare legislation, and internet pharmacy issues. |
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