Capabilities
Product Liability Litigation

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.

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 and Compliance Counseling. 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

England & Wales High Court Judgment in metal-on-metal hip group litigation
BioSlice Blog
Pending TSCA Reform Legislation, the States Continue to Take Action on Chemicals
Arnold & Porter Advisory
Concocting Class Actions Over 'Craft Beer' (pdf)

California Law360, Class Action Law360, Consumer Protection Law360, Food & Beverage Law360, and Product Liability Law360

Competing TSCA Reform Bills Introduced in the Senate
Arnold & Porter Advisory
Retailer Reporting Program: Ten Years After

ABA/International Consumer Product Health & Safety Organization, Orlando, FL

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