The firm represents manufacturers, distributors, and retailers of consumer products in the full range of Consumer Product Safety Commission (CPSC)-related activities. Partner John A. Hodges has represented numerous clients in matters before the CPSC. Our practice in the CPSC area includes advising on reporting, 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 labeling for hazardous substances and children's products and the requirements of the Poison Preventive Packaging Act.
We regularly counsel clients on whether new information concerning a product requires reporting under CPSC regulations. We assist the company in preparing and filing the report.
Negotiating on Corrective Action with CPSC
Our first approach is to advise management and company attorneys on whether factual and scientific data exists or can be developed to support the position that corrective action may be unnecessary. Otherwise, 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 have, on numerous occasions, helped develop innovative solutions to permit such resolutions. Where necessary, we negotiate and help implement notice and recall programs. Our vast 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.
Responding to CPSC Investigations
We respond to such investigations in all areas of the agency's jurisdiction, including the Consumer Product Safety Act, Federal Hazardous Substances Act, Flammable Fabrics Act, and Poison Prevention Packaging Act (PPPA).
Regulatory and Program Matters
The firm represents clients in addressing their concerns or advancing their interests relating to CPSC program activities. These activities are usually 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.
Advising on Labeling and Child-Resistant Packaging
We have represented clients in CPSC rulemakings seeking to require child-resistant closures for specific products. We regularly offer counsel regarding the labeling of toxic substances under the Federal Hazardous Substances Act and the testing requirements of the PPPA. We also present requests for exemptions from PPPA requirements.
ISSUE: NOVEMBER 2013