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Daniel
P.
McGee
Counsel
Washington, DC
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©2022 Keller and Heckman LLP

Daniel McGee advises manufacturers, distributors, and suppliers on the federal and state regulation of tobacco products, including cigars, e-vapor, hookah, and nicotine, as well as cannabis, hemp, and cannabinoid (CBD) products by federal agencies such as the U.S. Food and Drug Administration (FDA), as well as on matters of state law compliance. 

With respect to his Tobacco and E-Vapor practice, Daniel advises companies on compliance with the requirements of FDA, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Federal Trade Commission (FTC), as well as state and local authorities. Daniel is well versed on the Family Smoking Prevention and Tobacco Act, as well as FDA’s “Deeming Rule,” having assisted multinational corporations before, during, and after these industry-changing regulatory events. Among other things, Daniel counsels clients on preparing submissions such as premarket tobacco product applications (PMTAs), tobacco product master files (TPMFs), and substantial equivalence (SE) reports. He also assists clients in responding to FDA marketing denial orders, by developing corrective action plans in response to warning letters issued by the Agency. Additionally, Daniel’s vast experience serves him well in advising on labeling and warning statement requirements for covered tobacco products and their packaging. When necessary, Daniel consults with Keller and Heckman’s in-house scientists to strategize on analytical and stability testing, scientific literature reviews, age-verification procedures, and environmental assessments to address potential safety and health concerns. Daniel also advises clients on the Prevent All Cigarette Trafficking (PACT) Act and state law compliance, including licensing.

Prior to joining Keller and Heckman, Daniel served as in-house counsel for several tobacco, e-vapor, and CBD/hemp companies, where he gained valuable insight on the issues facing industries. This industry perspective gives Daniel a unique outlook on how to best protect the interests of his clients by providing a greater understanding of their needs and supporting them in navigating the rapidly changing landscape of tobacco, e-vapor, and cannabis/CBD/hemp products.

(Admitted to practice in Virginia, North Carolina, Massachusetts, and Texas. Pending admission to Washington, DC. Practice limited to matters before the FDA and FTC and matters ancillary thereto.)

Representative Matters

  • Developed cost effective and actionable legal strategies to address local, state, and federal compliance issues and regulatory challenges on behalf of clients
  • Assisted clients with navigating complex state and federal regulatory requirements to bring new products to market
  • Negotiated and drafted commercial contracts, including procurement, vendor, outsourcing, supply chain, marketing, sponsorship, licensing, IP, and technology agreements as well as nondisclosure agreements, memoranda of understanding, and scopes of work  

Memberships

  • Food and Drug Law Institute (FDLI) 
  • FDLI Cannabis and Cannabis Derived Product Committee (2019-2020)
  • Association of Corporate Counsel 
  • American Bar Association
  • Phi Alpha Delta

Education

Boston College, B.A., 1995 cum laude
University of Oregon School of Law, J.D., 1998