Consumer Product Safety
The firm has leading practices in matters before the US Consumer Product Safety Commission (CPSC) and in matters arising under state consumer protection laws, such as California's Proposition 65. Our team, which includes a former General Counsel of the CPSC, regularly assists clients in matters covering the spectrum of CPSC actions—recalls, enforcement actions, and regulatory matters—as well as in litigation that can arise from product safety matters.
Recent Significant Representative Matters:
- Recall Implementation. We have assisted clients in implementing numerous voluntary recalls, covering a wide variety of products such as toys, recreational equipment, household appliances, light fixtures, fire protection devices, building materials, electronic equipment, lithium-ion batteries, furniture, cigarette lighters, and motor vehicle equipment—including a recent worldwide recall in which the notification of roughly 30 regulatory authorities was coordinated with the announcement of the recall in the US. We do so cost-effectively, in a manner that helps our clients protect consumers, minimize business disruption, and reduce potential exposure in product liability and consumer protection act lawsuits.
- Coping with the new reality of life under the Consumer Product Safety Improvement Act. We are representing numerous manufacturers, distributors, and retailers of consumer products, drugs, and cosmetics in helping them to understand, comply with, and adapt their operations to address groundbreaking CPSC reform legislation that was enacted in August 2008.
- Avoiding Unnecessary Recalls and Defeating Class Certification. We represented a leading retailer in securing a decision from CPSC that a product our client distributed need not be recalled and in successfully defending a consumer class action that had sought to require our client to conduct a nationwide recall of the product.
- Enhancing Internal Controls. We have assisted manufacturers and retailers in enhancing their internal controls to help ensure compliance with CPSC notification requirements.
- Overcoming Child-Resistant Packaging Hurdles. We have represented several drug companies in overcoming child-resistant packaging issues, including in one case resolving a packaging concern that threatened to block introduction of the company's first drug in the US.