Consumer Product Safety Regulation

Consumer complaints are often the first indication that a product may be unsafe. Failure to take timely action can subject a firm to substantial penalties and risk allowing unsafe products on store shelves.

Our team is effectively positioned to serve as counsel not only in those pivotal frantic moments, but also well before they occur – with advice on the impact of regulations, how to develop programs to reduce risk, and what to do should disaster strike.

We have more than 30 years of experience advising on consumer protection regulations on products spanning from wearable technologies and consumer electronics to infant and children’s products and toys.

When a firm needs to conduct a global product recall, we can leverage our scope to assist clients in executing the recall in multiple jurisdictions. From furniture and home goods to personal care items, we can help.

Key contacts

Valerie Kenyon

Partner

Valerie Kenyon

Partner

London

Ernesto Algaba Reyes

Partner

Ernesto Algaba Reyes

Partner

Mexico City

Dr. Sebastian Polly

Partner

Dr. Sebastian Polly

Partner

Munich

Meet the Consumer Product Safety Regulation team

Representative experience

Assisted numerous companies in undertaking an internal review of consumer incidents and other information to determine whether mandatory reporting to CPSC was triggered.

Conducted internal audits for several firms to evaluate and make recommendations on internal procedures for analyzing consumer incidents that could be evidence of a potential safety-related situation.

Assisted firms in notifying CPSC of a product issue and assist in contacts with CPSC, devising and executing a corrective action plan and negotiating all aspects of a recall with CPSC.

Advised companies on compliance with labeling rules arising under the Federal Hazardous Substances Act and other statutes.

Assisted a consumer products company in addressing safety incidents arising from persistent misuse of a product and its obligations under CPSC requirements, including coordinating with experts to conduct a hazard/safety analysis.

Advised on child-resistant packaging issues, including appropriate validation of such packaging and when reporting to CPSC is required.

Guided an established consumer electronics company in changing its product instructions and warning statement to address a potential safety risk that was determined to fall short of a CPSC reporting obligation.

Avoided a public recall of a licensed character popular with children based on the company’s proactive steps and our ability to satisfy the CPSC that the product did not pose a safety hazard.

Working with consulting engineers, we assisted in the development of a proprietary testing protocol for a class of consumer product that was specifically marketed to young children as “safe” and not posing a choking hazard.

Advised several construction materials companies on whether certain products were consumer products and on the appropriate labeling and other considerations arising from the marketing of the products.

Coordinate a global recall of a consumer product sold in more than 50 countries.

Managed the regulatory and public relations response to allegations that an iconic brand sold tainted product in Mexico.

Managing, on behalf of a global technology company, claims from consumers relating to allegedly defective products, on a worldwide basis.