Kelley Drye

Attorneys & Professionals 

Raqiyyah R. Pippins

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Washington, D.C.
Phone: (202) 342-8527
Fax: (202) 342-8451

Raqiyyah Pippins is an associate in the firm's Washington, D.C. office. She focuses her practice on food and drug law and consumer law matters, including advertising, FDA-regulated product labeling, Rx-to-OTC switches, and related regulatory and litigation considerations. Ms. Pippins counsels and defends companies that are engaged in the development, marketing, import and/or export of food, drugs, cosmetics, medical devices, biologics and veterinary products.

Ms. Pippins has particular experience representing companies in advertising challenges and defending food and pharmaceutical companies in legal investigations conducted by the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and state agencies concerning product marketing practices. She also advises companies on mechanisms for limiting the risk of marketing-related challenges by regulators or private litigants, with a primary focus on minimizing the risk associated with the development, labeling and marketing of FDA-regulated products.

Representative Experience

Coordinates with clients’ marketing and research and development teams to develop strategies consistent with desired business risk-threshold for clients, including identifying appropriate claim substantiation and integrating qualitative data into marketing strategies.

Advises clients regarding the use of nutrient-content, health, health-benefit, product composition (e.g., natural or organic) and performance claims in labeling and advertising for FDA-regulated products.

Lead associate in representing Global Fortune 500 company in multiple challenges regarding competitor advertising for consumer products before the NAD. The NAD ruled in favor of our client on all material points in each challenge.

Lead associate in representing the maker of market-leading over-the-counter allergy drug products in NAD challenges regarding the comparative efficacy and onset-of-action of company products. The NAD ruled in favor of our client on all material points, including the client’s reliance on non-traditional substantiation for its superior efficacy claims.

Lead associate in compiling clients' responses to FTC inquiries regarding use of disclosures in advertising.

Lead associate in successful NAD challenge regarding deceptive pricing practices of client’s competitor.

Advised company regarding the marketing and development of various personal care products formulated pursuant to OTC monographs.

Advised client regarding marketing strategy for cosmetic products, including the risk profile for proposed claims and novel product ingredients.

Assisted companies in responding to FDA warning letters alleging that the companies’ products were misbranded under the Food, Drug, & Cosmetic Act.

Jointly coordinated and conducted a review of over 600 generic brand labels for one of the largest drugstore chains in the United States. The effort involved an assessment of claim substantiation and compliance with federal label regulations for various food, dietary supplement, OTC drug, and household products.

Lead associate in compiling client response to compulsory process orders from the FTC regarding company practices in marketing products to children and adolescents.

Advised companies on adverse event reporting requirements under the Federal Food, Drug, and Cosmetic Act, and related Privacy Act and Freedom of Information Act requirements in conjunction with an FDA investigation.

Advises companies on compliant labeling and marketing practices for its first food and dietary supplement and cosmetic products, including considerations for maintaining desired regulatory classification.

Lead associate in representation of a food company in an FTC investigation concerning marketing of food products to children and adolescents.

Advised a food company on the use of “natural” claims in product labeling and advertising.

Advised a food company concerning the legal requirements and Child Advertising Review Unit (CARU) standards governing potentially violent representations, including depictions of superheroes, weapons, and potentially violent terminology in product labeling, advertising and web-based product promotions targeting children and youth populations.

Part of team that advised a food industry organization with respect to compliance with FDA, FTC, and USDA standards governing weight control claims made in product labeling, advertising and web-based promotions.

Lead associate on team that defended a food company in an enforcement action brought by California regulatory officials for alleged violations of state slack-fill packaging standards on federal preemption and other grounds.

Memberships & Associations

National Bar Association, Commercial Law Section

Food and Drug Law Institute, H. Thomas Austern Writing Awards Competition Committee, chair, 2012-2013

Delta Sigma Theta Sorority, Inc., Federal City Alumnae Chapter

National Black Law Students Association, national chair, 2005-2006

Community Activities

Boys and Girls Club of Greater Washington, District of Columbia, board member

Pro Bono

Pro bono rotation with The Children's Law Center Family Permanency Project, providing legal representation to third party care givers attempting to provide permanency to children in the neglect system.

Represented capital defendant before U.S. Attorney's Office and Department of Justice, succeeding in convincing DOJ not to seek the death penalty. Obtained favorable plea agreement for client prior to trial.

Assisted prominent women's organization in defending legislation designed to support women-owned businesses.

Advised college student on opportunities to appeal school expulsion.

Advised leading international anti-corruption watchdog on newsgathering and prepublication review issues.

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