Hyman Phelps and McNamara
David B. Clissold
Photo of David B. Clissold

(202) 737-7545

Practice Areas
Prescription Drugs and Biologics

J.D., University of Maryland School of Law
M.A., Psychology, Indiana University
B.S., Psychobiology, University of California at Los Angeles

Bar Admissions
District of Columbia

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David B. Clissold has broad-based experience advising pharmaceutical, biotechnology, medical device, food, and dietary supplement clients on regulatory and legislative matters. He provides guidance throughout the product lifecycle, which includes clinical trials and drug development, advertising and promotion, orphan drug designations, and Hatch-Waxman exclusivity. Mr. Clissold also helps clients with a range of enforcement actions, including FDA inspections and Application Integrity Policy actions. In recent years, Mr. Clissold has steered Hyman, Phelps & McNamara's team of attorneys focusing on FDA's regulation of tobacco products and nicotine replacement therapies.

Mr. Clissold also advises health care professionals, universities, and medical schools on regulatory compliance issues. He provides pro bono counsel to patient groups and state health care agencies. Mr. Clissold lectures on various FDA topics, including regulation of tobacco products, regulatory obligations in clinical investigations, strategies for developing and marketing drugs and biologics, orphan drugs, and Hatch-Waxman issues. He has presented to the Food and Drug Law Institute, and has published papers in The New England Journal of Medicine, The Journal of Pharmacology and Experimental Therapeutics, Pharmacology, Biochemistry & Behavior, and the Food and Drug Law Journal.

Before joining the firm in 1996, Mr. Clissold conducted clinical and pre-clinical research at Nova Pharmaceutical Corporation and the Johns Hopkins University School of Medicine. Mr. Clissold's clinical background includes the study of central nervous system disorders, including Alzheimer's disease, schizophrenia, and rare metabolic disorders.

Related Experience
Prescription Drugs and Biologics
• Develops product lifecycle management strategies for prescription drugs and biologics including Hatch-Waxman exclusivity and orphan drug designations.
• Advises clients on FDA's approval process, including clinical, preclinical, and toxicology protocol development and data presentation.
• Represents drug, device, and biologic product sponsors in meetings with FDA.
• Provides counsel on clinical trial issues, including clinical trial agreements, informed consent, HIPAA patient privacy, IRB relations, reporting of adverse events, and removal of clinical holds.
• Regularly meets with FDA on drug development issues.

Tobacco Products
• Advises tobacco manufacturers and retailers on the Family Smoking Prevention and Tobacco Control Act, including the regulation of cigarettes, smokeless tobacco, modified risk tobacco products, and other tobacco products.
• Provides guidance on warning labels.

• Conducts investigations into allegations of clinical investigator noncompliance and fraud.
• Develops risk management plans for controlled substances and other products.
• Drafts comments for proposed rules, guidance documents, and citizen petitions to FDA.
• Responds to FDA inspection reports, warning letters, and Application Integrity Policy, and prepares clients for inspections and audits.

Corporate Transactions
• Conducts FDA regulatory due diligence for both corporations and underwriters seeking venture capital and public financing.

Articles / Publications   
Retailers on the Radar of FDA Under the Family Smoking Prevention and Tobacco Control Act,  November/December 2009

The Family Smoking Prevention and Tobacco Control Act: An Overview,  December 2009

Abigail Alliance v. von Eschenbach.,  March 2, 2007

What You Say May Be Used Against You,  May/June 2002

It's the Law: Compliance with FDA's Financial Disclosure Rule,  November 1999

Speaking Engagements    -    see more speaking engagements
Public Workshop - Electronic Cigarettes and the Public Health,  December 10-11, 2014  Dave Clissold is attending the Public Workshop - Electronic Cigarettes and the Public Health

2014 FDA Regulation of Tobacco,  October 21, 2014  Dave Clissold is speaking at the 2014 FDA Regulation of Tobacco

FDA Regulation of Tobacco 2014,  October 21, 2014  Dave Clissold will serve as a Panel Member for the FDA Regulation of Tobacco 2014

4th Annual CNS Diseases World Summit,  September 18-19, 2014  Panel Member

5 Years of the Tobacco Control Act: Progress and Challenges,  April 23-24, 2014

Blog Posts    -    see more blog entries
Court Finds Three Appointments Tainted the FDA's Tobacco Products Scientific Advisory Committee, Including its Menthol Report,  July 23, 2014
Picking a Proprietary Name for a New Drug is No Simple Task - FDA Issues a Draft Guidance on Best Practices in Developing Proprietary Names,  June 1, 2014
Deem the e-Cigarettes! Full Speed Ahead!,  April 28, 2014
When is a Very, Very Long Delay the Same Thing as a Ban? FDA's Review of Tobacco Product Submissions Under the Microscope,  October 23, 2013
Up in Smoke (or Vapor, as the Case May Be),  September 22, 2013