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Consumer Product Safety

Product safety isn’t just a regulatory obligation — it’s a core business priority that protects your customers, your brand, and your bottom line. Companies across the consumer product ecosystem, from global manufacturers and importers to online platforms, retailers, and fast-growing startups, rely on our experienced Consumer Product Safety team to guide them through every stage of the product life cycle.

We help clients anticipate and meet U.S. Consumer Product Safety Commission (CPSC) requirements, navigate complex reporting and compliance obligations, and develop recall and corrective action strategies that minimize business disruption. Our team works with companies to prevent unnecessary recalls, move quickly when safety issues arise, and coordinate efficient, effective solutions across global markets. When matters escalate, clients turn to us for our deep experience defending companies in civil and criminal investigations, as well as class actions and other claims and lawsuits arising out of potential product safety issues.

In a landscape where regulatory expectations and consumer scrutiny continue to rise, we provide the practical, business minded counsel consumer product companies need to stay ahead and stay protected.

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

  • Unmatched Experience: Our team has defended approximately 60 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); state law requirements; and EU/UK product requirements.

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.

Language - English

Key Contacts

Eric A. Rubel
Eric A. Rubel
Senior Counsel
Washington, D.C.
+1 202.942.5749
Michelle F. Gillice
Michelle F. Gillice
Partner
Washington, D.C.
+1 202.942.6589
S. Michael Gentine
S. Michael Gentine
Counsel
Washington, D.C.
+1 202.942.5052
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Recognition

  • Chambers USA
    Product Liability: Regulatory (Nationwide) (2023-2025)
    Food & Beverages: Regulatory and Litigation (Nationwide) (2016-2025)
    Retail (Nationwide) (2023-2025)
    Advertising: Transactional and Regulatory (Nationwide) (2022-2025)
    Product Liability & Mass Tort: The Elite (Nationwide) (2006-2025)
  • The Legal 500 US
    Advertising and Marketing: Transactional and Regulatory (2023-2024)
    Product Liability, Mass Tort and Class Action — Defense: Consumer Products (Including Tobacco) (2009-2025)
  • Best Law Firms Ranked by Best Lawyers
    Advertising Law (Colorado) (2024)
    Bet-the-Company Litigation (San Francisco) (2020-2026)
    Mass Tort Litigation/Class Actions — Defendant (Boston) (2026)
    Mass Tort Litigation/Class Actions — Defendant (National) (2018-2026)
    Mass Tort Litigation/Class Actions — Defendant (New York) (2018-2026)
    Product Liability Litigation — Defendants (Boston) (2026)
    Product Liability Litigation — Defendants (Los Angeles) (2018-2026)
    Product Liability Litigation — Defendants (New York) (2018-2026)
    Product Liability Litigation — Defendants (Washington, D.C.) (2010-2026)