John R. Manthei

John R. Manthei is a partner in the Washington, D.C. office of Latham & Watkins and serves as global Co-chair and Washington, D.C. Chair of the Healthcare and Life Sciences Practice. His practice focuses on regulatory matters involving the Food and Drug Administration (FDA) for the medical device, pharmaceutical, biotechnology and dietary supplement industries.

Mr. Manthei’s practice includes assisting clients with all aspects of the FDA-regulated product life cycle, including, among others:

  • Pre-market development
  • FDA product submissions

  • Development of market exclusivity strategies

  • Drafting and negotiation of both US and international clinical trial agreements

  • FDA and Federal Trade Commission (FTC) regulation of marketing and promotion of products

  • Quality System Regulation and Good Manufacturing Practice requirements (including assisting in third-party audits and drafting SOPs)

  • FDA inspections

  • Recalls

  • FDA and Drug Enforcement Administration (DEA) export and import requirements

  • Civil and criminal compliance and enforcement

Prior to joining Latham, Mr. Manthei served as Majority Counsel for the US House of Representatives’ Committee on Energy and Commerce (1998-2000). In this capacity, he counseled the Full Commerce Committee, the Health and Environment, and Oversight and Investigations Subcommittee Chairmen, as well as the House Leadership on matters relating to the FDA and legislation concerning the Federal Food, Drug and Cosmetic Act, the Public Health Service Act and the Controlled Substances Act. Since 2000, Mr. Manthei has represented the pharmaceutical, biotechnology and medical device industries as counsel in nearly every major FDA legislative initiative. He has also testified before Congress on several occasions involving FDA and DEA regulatory and enforcement matters.

Mr. Manthei serves as outside FDA counsel to the Medical Device Manufacturers Association (MDMA) and is a former member of the Food & Drug Law Institute’s Advisory Committee for Drugs and Biologics. Mr. Manthei has been repeatedly recognized as a leading FDA attorney in Chambers USA: America’s Leading Lawyers for Business (2010 – 2015). In addition, Mr. Manthei has been recognized as a Leading Life Sciences Industry Lawyer in The Legal 500 US (2012 – 2015), as one of “Washington's Best Lawyers” by Washingtonian magazine (2013) and as “Life Sciences Industry Star” by Euromoney and LMG Life Sciences (2012 – 2015). In 2006, he was named as one of the “Top 40 Lawyers Under 40” by Washingtonian magazine, and has been recognized in Who’s Who in America, Who’s Who in American Law, Who’s Who International and Who’s Who Legal: Lifesciences.

Mr. Manthei has authored numerous articles and has been a featured speaker and lecturer on FDA regulatory and enforcement matters at events sponsored by the Pharmaceutical Research and Manufacturers Association (PhRMA), the Biotechnology Industry Organization (BIO), AdvaMed, MDMA, BioCom, BayBio, the Food and Drug Law Institute (FDLI), the American Health Lawyers Association (AHLA), GMA, Harvard University, Stanford University and MIT, among others. Mr. Manthei also serves on the editorial boards of BNA’s Medical Device Law & Industry Report and LifeSciencesLaw 360.

In addition, Mr. Manthei has been quoted in CBS News, Washington Post, CNN, USA Today, CNBC, Boston Globe, San Francisco Chronicle, Forbes, Business Week and other leading national and international business journals on FDA regulatory, enforcement and policy matters.

Some of Mr. Manthei’s recent publications include:

  • The Regulation of Follow-On Biologics: FDA Authority and Implementation,” FDLI Publications (January 2014)
  • “Off Label Promotion: New FDA Standards and Guidance,” Medical Devices Law & Industry Report, Bloomberg News (April 2014)
  • “The Food and Drug Administration Safety and Innovation Act of 2012: Assessing the Impact on the Pharmaceutical and Biotechnology Industries,” BNA’s Pharmaceutical Law and Industry Report (August 2012)
  • “The Food and Drug Administration Safety and Innovation Act of 2012: Assessing the Impact on the Medical Device Industry,” BNA’s Medical Device Law and Industry Report (August 2012)
  • “Maintaining Eligibility for FDA Small Business Waivers Is Not So Simple: Practical Considerations for Structuring Investments in Emerging Pharmaceutical Companies in Light of SBA’s Restrictive Policies,” FDLI Update (September/October 2011)
  • “Medical Device Reform is (Almost) Here: FDA Announces Action Items for Improving the Agency’s 510(k) Premarket Clearance Process,” Medical Devices Law & Industry Report (March 2011)
  • “A Brave New World: The U.S. Food and Drug Administration's Newfound Authority for Regulation of Follow-on Biologics,” Bloomberg Law Reports (May 2010) 
  • “What to Think About When Considering an Overseas Clinical Trial Program,” BioWorld Perspectives (March 2009) 
  • “Exclusivity Strategies in the United States and European Union,” FDLI Update (May 2009)