Product safety laws and regulations govern literally thousands of consumer products across a wide variety of industries. Consumer products manufacturers, distributors, retailers, and component suppliers must be aware of the broad reach of the Consumer Product Safety Commission's (CPSC) jurisdiction in enforcing myriad consumer product safety laws, their amendments, state law counterparts, and implementing regulations, including the Consumer Product Safety Act (CPSA), Child Safety Protection Act, Children's Gasoline Burn Prevention Act, Federal Hazardous Substances Act, Flammable Fabrics Act, Poison Prevention Packaging Act, Refrigerator Safety Act, Virginia Graeme Baker Pool and Spa Safety Act, and Consumer Product Safety Improvement Act (CPSIA). This is an area of the law subject to frequent change and intense public scrutiny. In particular, the 2008 CPSIA imposes extensive regulatory compliance requirements.
We have substantial experience in cases and matters involving CPSC and state issues, as well as with the complexities of the CPSIA, and are available around the clock to assist clients with compliance issues, recalls, reporting requirements, and related litigation. We have assisted a diverse range of manufacturers, suppliers, distributors, private labelers, retailers, and other businesses that deal with consumer products. We provide a deep bench of experience and valuable guidance in these matters.
We are experienced in a variety of crisis-response scenarios and provide proactive guidance on risk avoidance and complaint management, as well as assistance with investigations, voluntary and involuntary product recalls, and responses to claims.
We counsel clients on a variety of risk-management strategies, such as auditing insurance coverage, reviewing warnings and product literature, providing assistance with insurance claims, and offering suggestions to reduce insurance costs. We provide guidance on managing contracts with contractors, vendors, and suppliers to ensure the company is listed as an additional insured and that all parties have adequate coverage and financial assets to cover possible claims.
We also assist clients with documenting their safety and design processes. If a lawsuit arises or a recall goes into effect, the documentation could prove that proper manufacturing and design processes were in place. We work with clients to develop procedures to track and respond to a variety of customer complaints and conduct training sessions on proper communication with customers. We have broad experience in handling investigations, responding to recalls, working with the CPSC on reporting requirements, addressing OSHA citations, and developing other complaint responses.
We are available whenever you need us. Our emergency response teams are on call 24 hours a day and can be dispatched to a crisis location immediately to assist in all aspects of handling a recall. In an emergency, we can bring calm to the chaos and help you establish working relationships with investigatory agencies, insurance companies, legal claimants, and employees to help limit liability exposure. We also offer key assistance in managing the media to avoid adverse publicity.
- Coordinating numerous post-sale warning and product-retrofit campaigns, including for manufacturers of battery chargers, pumps, and recreational equipment.
- Advising consumer product manufacturers on reporting obligations under Section 15 of the CPSA.
- Advising a children’s clothing manufacturer about its reporting obligations under Section 15 of the CPSA.
- Advising a global telecommunications company on reporting obligations and managing related recalls.
- Representing a children’s furniture manufacturer in connection with a CPSC recall and related product liability litigation.
- Advising a major outdoor furniture manufacturer on CPSC recalls and related regulatory proceedings.
- Coordinating a CPSC recall on behalf of a pump manufacturer due to a potential electrical shock hazard.
- Representing a major consumer electronics company with CPSC reporting and recall, and related product liability litigation, including recall design and implementation.
- Coordinating a CPSC recall on behalf of a motorcycle manufacturer due to allegedly defective crankshafts.
- Assisting a major electronics manufacturer with CPSC reporting and recall, including design of corrective measures.
- Successfully defending an electronics manufacturer in connection with allegations of failure to comply with a recall’s approved corrective measures plan.
- Counseling manufacturers, importers, and retailers on compliance issues arising from the CPSIA, including product-specific requirements, certification, testing, and General Certificates of Conformity.
DOJ Criminally Charges Executives for Failure to Timely Report Under CPSA - Government Enforcement/CPSC Update
April 09, 2019