Representation Before the U.S. Consumer Product Safety Commission (CPSC)

We provide experienced legal advice,  guidance , and assistance with:
  • CPSC compliance investigations and import detentions.
  • Mandatory reporting to the CPSC of defective products that could create a substantial risk of injury to consumers, products that creates an unreasonable risk of serious injury or death, choking incidents, and non-compliance with product safety regulations.
  • Representation for potential consumer product recalls, developing corrective action plans and conducting successful product recalls.  
  • Representation where a company may report to the CPSC but does not believe that a product recall is warranted. 
  • Drafting compliance and product safety internal operation plans.
  • Develop or improve product recall processes and procedures including issue identification, issue escalation and product traceability procedures
  • Strategic counsel to firms affected by potential CPSC regulatory actions, including potential rulemaking proceedings. ​
  • Risk assessments, product design, and product reviews for new products and product classes.
  • Compliance reviews for applicable U.S. product safety standards, materials, restricted substances, warnings, labels, instruction manuals and other safety characteristics. 
  • Consumer complaints to CPSC's online database SaferProducts.gov.
  • Expert witness testimony in product liability or other litigation or arbitration matters.

Import Investigations

The CPSC has invested heavily in its import shipment targeting work with U.S Customs and Border Protection (CBP).  Detentions and inspections can have serious business implications, such as impacting the performance of contract terms requiring the delivery of goods to retailers during certain date windows.  We implement strategies to minimize these risks. ​

Product Design & Review

We conduct product assessments and evaluation for compliance with applicable U.S. product safety standards, laws and regulations covering product design, manufacture, materials, restricted substances, warnings, labels, instruction manuals and other safety characteristics.

Product Recalls

Product recalls present serious risks (and opportunities) for businesses.   We advise companies on how and whether to report potentially defective products to the CPSC.  We develop corrective action plans and conduct successful product recalls.  We represent companies that are not sure if a product recall is warranted and wish to have experienced counsel on their side. 

Compliance Plans 

The CPSC has signaled that it expects manufacturers and importers have product safety and compliance plans in place.   Staying up to date on legal and industry best practices, we assist in drafting state-of-the-art product safety and compliance plans. Having a plan and closely following to it are crucial in today's environment.

Regulatory Compliance

Companies must comply with federal consumer product safety requirements for a variety of consumer products, and, most notably, for children's products.  With extensive regulatory experience, including authoring CPSC's Regulatory Robot, we help ensure that you stay on the right side of compliance with these often complex regulations.

Civil Penalty Investigations 

We assist in defending companies from CPSC investigations alleging late reporting  of product hazard or regulatory non-compliance issues.   Since Congress authorized large increase in the maximum civil penalty permitted, CPSC has moved aggressively to raise the amount of money it fines companies in civil penalties.
This is a sampling of the product safety legal and consulting services we offer.  Please contact us to discuss your needs. 
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