Capabilities
Consumer Protection and Advertising

Consumer Product Safety

We have leading practices representing manufacturers, importers, startups, and online and traditional retailers 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 experienced team, which includes a former CPSC General Counsel and a former CPSC staff attorney, 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. We work with clients throughout a product's life cycle—starting before new and novel products go to market and continuing as feedback is received based on consumer use—to minimize product safety risks and identify and address potential concerns at an early opportunity.

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, Internet of Things (IoT) products, light fixtures, fire protection devices, building materials, electronic equipment, lithium-ion batteries, furniture, and motor vehicle equipment—including a 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.
  • Avoiding Unnecessary Recalls and Defeating Class Certification. We regularly represent companies in meeting their reporting obligations to CPSC and demonstrating that a recall is not warranted. We have successfully defended consumer class actions that sought recall remedies or challenged CPSC-approved recall remedies.
  • Enhancing Internal Controls. We assist companies, from online startups to Fortune 500 retailers and manufacturers, in enhancing their internal controls to help ensure compliance with CPSC notification requirements and protect our clients' brands.
  • Overcoming Child-Resistant Packaging Hurdles. We have represented several drug companies in overcoming child-resistant packaging issues.
  • Defending Penalty Investigations. We have defended numerous CPSC penalty investigations for late reporting, post-recall sales, and regulatory violations, many of which have resulted in no penalties against our clients.

Resources

Perspectives

Overview of California Regulatory Developments
Presenter, Arnold & Porter Webinar for Personal Care Products Council
New Challenges of Proposition 65 for the Dietary Supplement Industry
Speaker, ACI/Council for Responsible Nutrition Legal, Regulatory and Compliance Forum on Dietary Supplements, New York, NY
CPSC Notification Requirements, Recalls and Recent Enforcement Actions: Desk Reference for Section 15 of the Consumer Product Safety Act
Desk Reference
Court Limits California Prosecutors' Reach in UCL Cases
Advisory
The US Department of Agriculture Announces Upcoming Rulemakings Relating to Its Enforcement of the Lacey Act
Advisory
More

Recognition

Chambers USA
Food & Beverages: Regulatory and Litigation (Nationwide) (2018)
Overview

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