Anthony L. Young | Kleinfeld Kaplan & Becker LLP

Overview

Tony Young has over 45 years’ experience practicing food and drug and environmental law. He has successfully represented clients, both foreign and domestic, in defense of matters under the statutes and regulations enforced by, the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), the Consumer Product Safety Commission (CSPC), the Drug Enforcement Administration (DEA) the Environmental Protection Agency (EPA). He has also advocated for clients before Congress and state and local legislative bodies.

Tony has represented clients in a variety of matters relating to the administration of the Federal Food, Drug, and Cosmetic act and related laws. He has represented pharmaceutical distributors, compounding pharmacies, and food and dietary supplement manufacturers and distributors In addition he has represented pharmaceutical and dietary supplement trade associations before the FDA and served as General Counsel to the American Herbal Products Association (AHPA) for almost 20 years.

Tony was honored by the Food and Drug Law Institute (FDLI) as one of three recipients of the 2016/2017 FDLI Distinguished Service and Leadership Award.

Representative clients before the FTC have included Nature’s Way, Pharmavite, LLC, Seasilver Inc., and Pinnacle Marketing Concepts (CortiSlim) with regard to advertising substantiation and compliance with the Federal Trade Commission Act. He has also represented clients in advertising substantiation challenges before National Advertising Division of the Council of Better Business Bureaus.

Tony’s environmental practice included his service as one of the defense counsel in the nine- month trial of New York State’s punitive damage claim in the Love Canal Landfill governmental litigation, United States v. Hooker Chemical & Plastics Corp., 850 F. Supp. 993 (W.D.N.Y. 1994). He also represented Hooker in the 102^nd Street Landfill litigation and remediation and the Niagara Falls Army Chemical Warfare Plant litigation. In addition, Tony represented a major national defense contractor with respect to the remediation of a North Carolina chemical weapons manufacturing facility.

Tony Young also helped form and served pro bono as General Counsel to the National Association of Free and Charitable Clinics, the non-profit association of free clinics.

Prior to joining Kleinfeld, Kaplan & Becker in 2003, Tony was a partner with Wald, Harkrader & Ross, and then with Piper Rudnick, LLP, in their Washington DC offices.

Experience

Counseled dietary supplement manufacturer in the substantiation of claims for new product and successfully defended those claims when challenged on product introduction
Represented Seasilver, Inc. through US District Court appointed receiver to help keep dietary supplement company alive after Federal Trade Commission TRO shutdown by bring company into compliance and negotiated Consent Decree that provided company opportunity to stay in business
Represented one of the defendants in the FTC’s action against the makers and marketers of Corti-Slim dietary supplement for weight loss and negotiated a Consent Decree on terms favorable to this defendant
Represented Nature’s Way in an FTC investigation of flu claims made for a dietary supplement with the result that FTC recognized that claims regarding mitigation of symptoms and duration of flu were substantiated by competent and reliable scientific evidence
GRAS notification for Hi-DHA Tuna Oil
Counseled American Herbal Products Association on comments to FDA Structure Function Claims rule with result that a number of OTC drug prohibited claims were deemed by FDA to be acceptable for dietary supplements
Represented pharmaceutical distributor trade association in staying a final FDA rule regarding pharmaceutical distribution for four years. Final rule later declared invalid