Consumer Product Safety
Foley’s Consumer Products team counsels and represents manufacturers, distributors, and retailers of consumer products before the United States Consumer Product Safety Commission (CPSC), Health Canada, PROFECO (Mexico), and many other consumer product safety agencies around the world. Our strong relationships with these agencies and deep experience with applicable rules and regulations form the foundation our lawyers rely on to support our clients when assessing compliance, reporting obligations, recalls, show cause letters, and civil or criminal penalty threats. We partner with our clients to proactively and reactively mitigate exposure to the company, its brand, shareholders, and value.
Proactive Product Safety Compliance
We work proactively with our clients to ensure consumer products of all types comply with applicable mandatory and voluntary safety standards, including through the development of cutting-edge product safety programs. We know how to effectively and efficiently craft custom and practical product safety programs that provide structure for:
- Compliant and safe product design
- Coordination with approved and certified labs for testing and certification
- Risk assessment
- Supply chain development and management, including importation
- Packaging, labeling (including smart labeling), warnings, QR code implementation
- Repeatable compliance to enhance goodwill and get to market faster
- Unique product categories like children’s products, lithium-ion batteries, and more
Reactive Product Recall Management
We work reactively with our clients to address the risks and exposure associated with compliance and product safety issues. Specifically, our Consumer Products Team regularly advises our clients on:
- Obligations to report to the CPSC, Health Canada, PROFECO, or other agencies relating to potential product safety or compliance issues, including (when appropriate) efforts to manage the duty to report without triggering an obligation to initiate a formal recall.
- Communications with the CPSC in response to consumer or competitor complaints, consent decrees, FOIA requests, and inquiries seeking information relating to reported product issues.
- All varieties of product recalls, including those that do not require the return of products. Our experienced and creative team works to manage CPSC reporting, recalls, remedies, and corrective action plans to maximize compliance and consumer safety while maintaining focus on business objectives, including consideration of business disruption, products liability or class action litigation, and state and local inquiries by attorneys general or others.
- Navigating civil and criminal penalty assessments or threats by or through the CPSC, Department of Justice, state attorneys general, and/or others.
- Managing the impact of any recall or product safety issue on enterprise goodwill, including through public relations, social media messaging, and consumer notification.
