Today's regulatory environment calls for legal counsel with the experience and superior knowledge to address complex issues relating to consumer product safety. Lawyers in Kelley Drye's Consumer Product Safety practice have a long, successful history of representing clients before the Consumer Product Safety Commission (CPSC). The group regularly advises clients on internal compliance programs and the difficult issues of how and when potentially hazardous consumer products must be reported to the CPSC. If your company is faced with a product recall, Kelley Drye works with you and CPSC staff to develop and implement cost-effective communications programs quickly to satisfy product liability concerns while minimizing potential penalties. If the CPSC threatens to or brings enforcement actions, you can count on Kelley Drye to provide appropriate strategies that protect your interests and preserve business momentum.
The firm's work before the CPSC is extensive and varied, and includes:
- Participating in voluntary and mandatory industry-wide standards.
- Demonstrating that changes in a standard are unnecessary.
- Negotiating appropriate notice and programs for product recalls.
- Addressing reporting and compliance issues.
- Defending against enforcement actions.
- Developing and implementing compliance programs.
In light of CPSC’s information-sharing agreement with the U.S. Customs and Border Protection (CBP), signed in April 2010, Kelley Drye attorneys counsel clients on how this new arrangement affects the process of importing and exporting consumer products. In partnership with our International Trade and Customs practice, we advise companies on new procedures and orchestrate the release of goods that may become detained at the Commercial Targeting and Analysis Center.
Kelley Drye's size, entrepreneurial culture and strategic focus on core competencies permit it to respond quickly and flexibly to client needs. The firm strives to staff client matters with the right number and caliber of attorneys. In response to specific client needs and objectives, Kelley Drye often assembles an interdisciplinary client team. This approach provides innovative, cost-effective services to clients while also building a firm culture that supports cooperation and a shared commitment to delivering superb service to our clients.
Representative Experience
- Represented a national department store to recall a children’s clothing item and to negotiate civil penalty settlement with CPSC.
- Represented a Fortune 100 appliance manufacturer to negotiate civil penalty settlement with CPSC.
- Represent a trade association of lawn and garden equipment manufacturers and its members on various matters before the CPSC, including filing comments in connection with mandatory standard for walk-behind lawnmowers.
- Represent manufacturer of electrical products and tools to develop product safety compliance program and to evaluate potential CPSC reporting obligations.
- Advise retailers of children's products to establish vendor protocols for compliance with Consumer Product Safety Improvement Act.
- Represent publishing company regarding compliance with Consumer Product Safety Improvement Act.
- Advise international conglomerate regarding quality control procedures for manufacturing and develop product safety compliance program.
- Represent manufacturer of electrical power tools to resolve litigation and negotiate civil penalty settlement with the CPSC.
- Coordinated efforts on behalf of a children’s toys manufacturer to release imported goods detained by the CPSC and CBP at the Commercial Targeting Analysis Center.
