Consumer Product Safety

Product safety and compliance with applicable safety standards and related requirements are essential to help reduce risks to your customers and to protect your brand and bottom line. Clients (including manufacturers, importers, online and traditional retailers, and startups) turn to our experienced Consumer Product Safety team throughout a product's life cycle for assistance in addressing the spectrum of U.S. Consumer Product Safety Commission (CPSC) matters — regulatory compliance, recalls, and enforcement actions — as well as litigation. We help clients comply with reporting obligations, avoid unnecessary recalls, and develop effective recall plans in the United States and as part of coordinated global corrective actions. We understand the need to resolve potential safety issues effectively and efficiently, and we help make that happen.

Deep Understanding of Regulators: Our team — with 50+ years of combined experience — draws on the insights of a former CPSC General Counsel and a former CPSC compliance attorney. We've seen it from both sides of the table.

Unmatched Experience: Our team has defended approximately 50 CPSC civil penalty investigations — including alleged late reporting, post-recall sales, and regulatory violations — most of which have been closed without a penalty.

Multidisciplinary Approach: We draw upon our colleagues' expertise in many related practices, including product liability litigation; consumer protection and advertising; environmental laws; food, drug, and medical device regulation; intellectual property (IP); California's Proposition 65 and other state requirements; and EU/UK product requirements.

CPSC Section 15 Desk Reference—the definitive guide to CPSC's self-reporting requirement

Experience Highlights

  • Numerous manufacturers and retailers in negotiating corrective action plans with CPSC and implementing voluntary recalls for a wide variety of products, helping to minimize business disruption and reduce potential exposure in product liability and consumer protection lawsuits. Our product experience includes toys, recreational equipment, household appliances, durable infant products, IoT products, light fixtures, fire protection devices, building materials, electronic equipment, lithium-ion batteries, furniture, children's sleepwear, bicycles, and off-road vehicles.
  • Leading retail chain importer of toys in defending penalty investigation into regulatory violations; closed without penalty, including by demonstrating first-in-class internal control enhancements.
  • Product manufacturers in coordinating recalls and notification to multiple regulatory authorities including the EU, Canada, Australia, and New Zealand.
  • Numerous manufacturers and retailers in defending CPSC civil penalty investigations for alleged late reporting, post-recall sales and regulatory violations, most of which have resulted in no penalty.
  • Pharmaceutical companies in enhancing procedures to ensure compliance with child-resistant packaging requirements and addressing child-resistant packaging issues in cooperation with CPSC.
  • Furniture manufacturer in successfully demonstrating that a recall was not warranted after CPSC staff issued a preliminary determination letter finding that the product presented a substantial hazard.
  • Manufacturers in defending putative consumer class actions arising out of CPSC-approved recalls.
  • Manufacturers and retailers—from start-ups to Fortune 500 companies—in enhancing their internal controls both to help ensure compliance with CPSC notification requirements and to protect their consumers and brands.
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