Practices  |  Consumer Product Regulation

Product Safety

Overview

The firm represents manufacturers, distributors, and retailers of consumer products in the full range of Consumer Product Safety Commission (CPSC)-related activities.

Our practice includes advising on analyzing and reporting product safety concerns to the CPSC, responding to CPSC investigations, negotiating with the CPSC, and, where appropriate, developing acceptable corrective actions with the client and the CPSC. We also advise on packaging and labeling for hazardous substances and children's products and the requirements of the Federal Hazardous Substances Act (FHSA), Flammable Fabrics Act (FFA), and the Poison Preventive Packaging Act (PPPA).

We work closely with the company management, engineers, and scientists to develop voluntary programs that will permit resolution of the matter without a recall. We, on numerous occasions, have helped developed innovative solutions to permit such resolutions. Where necessary, we negotiate and help implement notice and recall programs. Our experience in this area has also made us cognizant of the public relations issues in these matters and permits us to bring a certain level of refinement to those aspects of product retrofits and recalls.

We also represent clients in addressing their concerns or advancing their interests relating to CPSC program activities. These activities may be industry-wide rulemaking, standard-setting, or investigatory initiatives affecting a whole product line or specific categories of products within the line. We represent the entire industry or individual companies.

Representative Experience:

  • Successfully representing one of the world’s largest computer companies before the CPSC in structuring recalls of batteries and adapters.
  • Successfully representing a nationwide electronics retailer before the CPSC on initiating and managing multiple recalls and defect evaluations for toys, electronics, and home goods. And successfully defended the retailer in a CPSC investigation into sales of recalled products.
  • Advising numerous consumer product manufacturers and importers on defect evaluations and defect reporting to the CPSC.
  • Advising consumer product manufacturers of household cleaning products, automotive fluids, and batteries on designing labeling to comply with FHSA labeling regulations.
  • Advising clothing manufacturers and importers on compliance with CPSC regulations for garments for adults and children, including lead content limits, phthalate content limits, drawstring hazards, and other standards.
  • Addressing for several household-name, international companies’ CPSC concerns with household appliance defects involving fire, shock, or burn hazards.
  • Defending manufacturers and retailers in a CPSC investigation on whether they met their reporting obligations under Section 15(b) of the Consumer Product Safety Act and in avoiding the release of potentially damaging information under Section 6(b) of that statute and the Freedom of Information Act.
  • Addressing CPSC lead content rules on behalf of both children’s products and toy manufacturers and distributors. Preparing industry comments in the CPSC’s Rulemaking on Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices.

Contact Us

David B. Weinberg
202.719.7102 | dweinberg@wileyrein.com

Tracy Heinzman
202.719.7106 | theinzman@wileyrein.com

Roger H. Miksad
202.719.7193 | rmiksad@wileyrein.com

Our People