PRACTICE AREAS
CPSC/Health Canada and NHTSA Recalls & Reporting
Apparel
National CPSC counsel for several apparel companies regarding CPSIA testing, certification, and reporting obligations. Conducted recalls and investigations of infant onesies, jackets with drawstrings, socks, children’s jeans, and infant apparel.
Carpets, Rugs & Furniture
National CPSC counsel for Fortune 500 flooring manufacturer and Big-Box Supplier. Conducted voluntary recalls and investigations of rugs, dressers, patio furniture, wood flooring , candles, and medicine cabinets and coordinated mandatory testing and certification for bunk beds.
Consumer Electronics
CPSC counsel for consumer electronics retailer. Handled investigations and recalls of headphones, televisions and mobile device chargers and conducted product safety investigations for international consumer electronics manufacturer and retailer.
Home & Outdoor Appliances
National CPSC counsel for billion-dollar home appliance manufacturer and Big-Box Supplier. Conducted recalls and investigations of water heaters, fire pits, snow blowers, and pool/spa drain covers, retained outside experts to evaluate design and safety issues, and coordinated recalls with Big-Box Retailers.
Light Fixtures
National CPSC counsel for billion-dollar lighting manufacturer. Handled light fixture recalls and reports to the CPSC on various issues and assist in the evaluation of potential safety issues and reporting obligations to the CPSC/Health Canada.
Motor Vehicle Equipment
Handled NHTSA reporting and recall of motor vehicle equipment and represented automotive parts distributor in NHTSA investigation. Worked with engineering experts to evaluate redesign of motor vehicle equipment and advised on FMVSS requirements for automotive products.
Sports & Exercise Equipment
National CPSC counsel for a Fortune 500 sporting goods retailer/private labeler and Big-Box Supplier on CPSC and product labeling/instruction issues. Conducted recalls and reports to the CPSC/Health Canada on resistance tubes, bicycles, basketballs, massage balls, hunting equipment, and other sporting goods.
Toys & Children's Products
Handled reporting and recalls of phthalate and lead-containing toys, baby monitors, toy trucks, children’s jackets (drawstrings), youth utility knives, books, infant apparel and stuffed animals.
Warnings, Product Labeling & Advertising Claims
We develop effective warnings and instructions to improve product safety and limit product liability exposure and routinely work with experts to identify potential safety issues with both new and existing products. We also analyze advertising and marketing claims to ensure that they have sufficient substantiation and reduce exposure to deceptive and unfair trade practices claims.
Marketing & Labeling Regulations
We advise companies on mandatory consumer product labeling regulations including Magnuson Moss (warranties), Fair Packaging and Labeling Act (FPLA), Slack Fill Laws, State Weights & Measures Laws, Plastic Bag Warnings, and FTC Regulations on “Made in the USA” and “Green/Environmental” Claims.
Sample Warnings, Labels & Instructions
We have drafted warnings, labels, and product instructions for a wide range of products including electric skateboards, hunting equipment, ladders, bunk beds, furniture, flooring, hair dryers, coffee makers, sporting goods, pool toys, and small appliances. We also draft CPSIA-compliant warnings for toys and children’s products and advise on product-specific testing and labeling requirements.
Regulatory Compliance & Civil Penalty Investigations
Consumer Product Regulatory Compliance
We advise clients on all aspects of consumer product regulatory compliance including mandatory testing and certification. We help clients navigate the dozens of product safety statutes and regulations that govern consumer products including CPSA, CPSIA, ASTM 963 (Mandatory Toy Regulations), Children’s Product Regulations (Drawstrings, Small Parts, Choking Hazards, Lead Paint, Lead Substrate, Phthalates, Bunk Beds, Tracking Labels, etc.), Product-Specific Regulations (Bunk Beds, Mattresses, Bike Helmets, Refrigerators, etc.), Flammable Fabrics Act (FFA), Federal Hazardous Substances Act (FHSA), and the Poison Prevention Packaging Act (PPA).
CPSC Investigations
We represent companies in CPSC investigations, including civil penalty actions, and successfully defeated a multi-million-dollar civil penalty action by the CPSC. During the two-year investigation, we aggressively challenged the CPSC’s factual and legal findings and presented a half-day argument to the CPSC’s Office of General Counsel. After repeated demands for a multi-million-dollar settlement, the CPSC capitulated and dropped its civil penalty investigation.