一位身着海军服、白衬衫、系着红色领带的中年男子在一间模糊的公司律师事务所内对着镜头微笑,暗示他拥有知识产权法方面的专业知识。

埃里克-K-斯万霍尔特

合作伙伴

埃里克-K-斯万霍尔特

合作伙伴

With more than 25 years of experience as an adviser, litigator and trial lawyer for Fortune 500 companies and start-ups alike, Erik Swanholt has a broad range of experience spanning multiple disciplines. Erik’s primary focus, however, is on advising and representing manufacturers, distributors, and retailers of consumer and industrial products in all areas of their business.

Consumer Product Safety Practice – One significant part of Erik’s practice is to assist companies with developing best practices for their products. From advising on good manufacturing practices, regulatory compliance programs, and supply chain protocols, to developing compliant marketing plans and labeling strategies, Erik works with companies looking to get to market with new products, or those looking to improve existing practices for products that have been on the market for years. Erik has extensive experience working with testing labs and regulators (including the Consumer Products Safety Commission (“CPSC”), FDA, FTC, OEHHA, CARB, Health Canada and others) to certify or demonstrate regulatory compliance. In this capacity, Erik has led a number of companies through global and U.S. product recalls and countless remediation plans when recall is not necessary.

Consumer Product Litigation – The other significant part of Erik’s practice is to represent and defend companies in class action and mass litigation or government/regulatory compliance issues relating to their products, including products liability, consumer class action, toxic torts, personal injury, antitrust, contract actions, and regulatory investigations. He has successfully defended businesses sued in state and federal court under myriad statutory schemes, including California’s Unfair Competition Laws (UCL), the Consumer Legal Remedies Act (CLRA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Electronic Funds Transfer Act (EFTA) and the Telephone Consumer Protection Act (TCPA), to name a few.

Consistent with his consumer product and products liability experience, Erik is also expert in the Public Readiness and Emergency Preparedness (“PREP”) Act. He has advised numerous clients and written and spoken on the subject many times, including to the House Manufacturing Caucus of the U.S. House of Representatives in late 2019 relating to the COVID-19 pandemic.

Erik’s experience crosses nearly every industry including, electronics, safety equipment, food, pharmaceuticals, medical devices, vehicles, aircraft, chemicals, industrial machinery, fashion, financial instruments, home appliances, furniture, silica, asbestos and more.

代表经验*

  • Represented multiple toy manufacturers and defeated plaintiffs’ motion for class certification of dozens of consumer protection claims under the laws of several different states pending simultaneously in the Northern District of Alabama and the Central District of California.
  • Represented a home appliances manufacturer and reached a claims-made settlement in a class action lawsuit brought by purchasers of certain front-load washing machines, who alleged that the machines were defective.
  • Represented an appliances manufacturer in a series of lawsuits relating to alleged product defect and liability issues with products installed in residential and commercial buildings across the U.S.
  • Successfully led nationwide litigation and defense of product liability cases and claims involving hundreds of claims filed across the country against off-road vehicles.
  • Represented a fiber optic-based products manufacturer and certain of its directors, officers, and employees, in a shareholder action brought in Los Angeles County Superior Court alleging that they made materially misleading statements regarding their business, prospects, and the departure of its chief executive officer.
  • Represented manufacturer of industrial equipment used in mines relating to claims that the equipment had been improperly installed in numerous geographic locations.
  • Defended one of the world’s leading fruit companies in multiple toxic tort lawsuits brought by agricultural workers from 13 countries claiming that the use of a certain pesticide on banana farms in Latin America, Africa, and the Philippines during the 1970s caused adverse health effects.
  • Represented various food and product packaging companies against claims of false advertising, improper labeling (e.g., “all natural”) and slack-fill violations.
  • Represented one of the world’s leading food and beverage companies in connection with antitrust litigation claiming violation of the California Unfair Trade Practices Act and Unfair Competition Act in conjunction with the pricing of vending products.
  • Represented manufacturer with respect to claims that factory equipment installed across the country had inadequate warnings and training materials.
  • Represented insurance carrier in multijurisdictional dispute with respect to various claims made relating to denial of COVID-19 coverage.
  • Represented a pharmaceutical company in a unique products liability matter relating to their $4 billion a year pharmaceutical product and won the summary judgment.
  • Represented a health plan company in an arbitration concerning a contract dispute over termination of a jointly held Medicare health plan and in turn recovered millions of dollars.
  • Successfully defended a group of respirator manufacturers in product liability litigation brought by over 50 plaintiffs who had worked at diatomaceous earth mines in California.
  • Resolved a multijurisdictional dispute against contractor hired to convert pharmaceutical plant in Spain.
  • Represented a pharmaceutical company relating to claims of product and design defect as well as failure to warn regarding effects and efficacy of a pharmaceutical product.
  • Represented a large school district in resolving a $5 million dispute by general contractor and subcontractors over work to improve a school district’s air conditioning systems.
  • Represented three families defrauded by a company and its agents after seeking assistance with home loan modifications and judgment was obtained against company and individuals involved in foreclosure consultant fraud.
  • Represented an individual, who was evicted from his family home after seeking help to satisfy a $6,000 tax bill.

*Certain of these matters were handled prior to joining Foley.

奖项与表彰

  • Los Angeles Times, Consumer Attorneys of Southern California (2025)
  • Selected for inclusion to the Southern California Super Lawyers list in the area of Business Litigation (2009 – 2016)
  • Recognized by The Legal 500 in the field of Product Liability and Mass Tort Defense: Consumer Products (2015)

附属机构

  • He serves on the Board of Governors for the Association of Business Trial Lawyers.

社区参与

  • Erik is a volunteer and frequent pro bono lawyer for Bet Tzedek and Public Counsel. He received the California State Bar’s Wiley W. Manuel Award for Pro Bono Services every year from 2005 – 2012. He has served as a volunteer assistant district attorney conducting trials for the Los Angeles District Attorney’s Office.

演讲和出版物

2025年12月1日 制造业顾问

您已收到美国消费品安全委员会(CPSC)的违规通知——接下来该怎么办?

每年,美国消费品安全委员会(以下简称"CPSC"或"委员会")都会通过其进口监控计划,对...进行抽查。
2025 年 10 月 23 日 制造业顾问

加利福尼亚州的 AB 1264 法案首次提出了 "超加工食品 "的法律定义

2025 年 10 月 8 日,州长加文-纽森(Gavin Newson)签署了第 1264 号议会法案,即《真正的食品、健康的儿童法案》(Real Food, Healthy Kids Act),使其成为法律,以逐步淘汰...
2025 年 10 月 7 日 制造业顾问

每个消费品零售商都需要了解的美国消费品安全委员会(CPSC

经营消费品零售业务是一项艰苦的工作。 除了任何企业都会面临的日常挑战外,适用的...
蓝色抽象建筑
2025 年 10 月 2 日 福里观点

政府关门期间对美国消费品安全委员会的期待

自 2025 年 10 月 1 日起,美国联邦政府因拨款失效而关闭。这意味着包括美国消费品安全委员会("CPSC")在内的许多联邦机构必须暂停或缩减业务,直至资金恢复。虽然停摆并不罕见,但会给企业、消费者和机构工作人员带来不确定性。
2025年8月26日 制造业顾问

美国消费品安全委员会与亚马逊:应对不断变化的监管环境

尽管该机构近期经历了领导层及其他方面的变动,美国消费品安全委员会(以下简称"CPSC"或"委员会")仍...
2025 年 8 月 19 日 荣誉与奖励

埃里克-斯旺霍特被评为南加州有远见的消费者律师之一

Foley & Lardner LLP 合伙人 Erik Swanholt 被《洛杉矶时报》评为南加州有远见的消费者律师。