Wiley Rein represents manufacturers, distributors, and retailers of consumer products in the full range of Consumer Product Safety Commission (CPSC) and other product safety regulatory activities. Our practice in the CPSC area includes advising on reporting, responding to CPSC investigations, negotiating with the CPSC, dealing with potentially damaging information disclosures and, where appropriate, developing and obtaining approval of corrective action programs. We also advise on labeling for hazardous substances and children's products, Flammable Fabrics Act and Poison Preventive Packaging Act requirements, California and other state regulations, the implications of various Department of Energy efficiency and international consensus standards, and transportation safety regulatory requirements. Our lawyers and regulatory analysts regularly appear, formally and informally, before pertinent agencies and at standard-setting meetings.
Wiley Rein’s lawyers and regulatory analysts work closely with the company management, engineers, and scientists to develop voluntary programs that will permit resolution of a matter without a recall. Where recalls are necessary, we work through often-thorny DOT transportation requirements. But we often have developed and obtained regulatory approval of innovative solutions that avoid or narrowly limit recall obligations. We are highly cognizant of the public relations issues in these matters reflect those considerations in our advice. We anticipate Wiley Rein’s recent acquisition of McBee Strategic, one of the nation’s leading crisis communications and media relations firms, will further strengthen our capabilities. We also represent clients in addressing their concerns or advancing their interests relating to CPSC and other agency 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. In this context, we represent both individual companies and trade associations.
Representative Recent Experience:
- Successfully representing one of the world’s largest computer companies before the CPSC in structuring recalls of batteries and adapters.
- Addressing for several household-name, international companies CPSC concerns with appliance defects involving fire, shock, or burn hazards.
- Defending manufacturers in a CPSC investigation on whether they met their reporting obligations under Section 15(b) the Consumer Product Safety Act and in avoiding the release of potentially damaging information under Section 6(b) of that statute.
- Addressing CPSC lead content rules on behalf of both children’s products and toy battery manufacturers and distributors. Preparing industry comments in the CPSC’s Rulemaking on Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices and a petition to develop special packaging rules.
ISSUE: OCTOBER 2014
IN THIS ISSUE
- Registration Transfer Challenges for Pesticide Supplemental Distributors and Registrants
- Pharmaceutical Take Back: Next Stop, Supreme Court Review of the Dormant Commerce Clause
- DOT Moves to Streamline “Reverse Logistics” Transportation Regulations
- Transportation Regulation Developments
- New Rules for External Power Supplies, Battery Chargers
- Priority Product Categories Named in California Green Chemistry Program
Pushback Prompts FDA To Propose New Food Safety Rules
By Sonali P. Gunawardhana and James N. Czaban
November 18, 2014 | Law360
The Weakness of Weeks—Blazing the Wrong Trail in Pharmaceutical Liability
By Bert W. Rein
September 25, 2014 | Bloomberg BNA's Toxics Law Reporter
FDA Launches Innovative Approach to Speed Access to Certain Medical Devices
By Sonali P. Gunawardhana
May 28, 2014 | Bloomberg BNA's Medical Devices Law & Industry Report