The Consumer Product Safety Commission (CPSC) enforces safety regulations, manages product recalls, and defines testing and certification requirements for consumer products. As a premier international law firm, Sidley counsels clients on recalls, complex regulatory developments, and other matters relating to and overseen by the CPSC. Our lawyers help clients adhere to CPSC protocols and requirements, manage product safety investigations and risk assessments, recommend mitigation options, and determine whether, when, and how to report product safety issues to the CPSC.
When CPSC reporting, product recalls, or other compliance measures are advisable, we guide clients through regulatory procedures and help manage the recall process efficiently, thus minimizing disruption to our clients’ business objectives.
Sidley Provides Full-Service Counsel By:
- Interpreting and advising clients on general and product-specific safety standards enforced by the CPSC, including testing, certification, importation, and packaging requirements.
- Advising clients on product risk investigations.
- Counseling clients on CPSC reporting requirements pertaining to potential product safety concerns.
- Communicating with the CPSC regarding product safety issues, regulatory compliance, Notices of Violations, and potential recalls.
- Developing and negotiating the terms of product recalls.
How We Add Value
Drawing on our breadth of experience, Sidley takes a multidisciplinary approach and holistic view of our clients’ needs. We harness knowledge from, and provide CPSC insight to, our Product Liability, Consumer Class Actions, and U.S. and international regulatory and environmental practices to advise on product safety issues and reporting requirements, while helping to minimize litigation risks and creating business-oriented solutions to product safety concerns.
Recent Representative Matters
We have routinely counseled large online retailers, clothing manufacturers and retailers, electronic device manufacturers, healthcare companies, home appliance manufacturers, and clients in numerous other industries on all aspects of CPSC compliance, from interpreting children’s product testing requirements to advising on product packaging regulations to negotiating with CPSC over the terms of product recalls.
Our lawyers recently have assisted clients in navigating a wide array of challenges, including:
- Advising a manufacturer of electronic devices regarding CPSC reporting requirements and the terms of a recall pertaining to a product fire risk.
- Negotiating the terms of a recall pertaining to a clothing product.
- Counseling a client on correspondence with the CPSC in response to a Notice of Violation pertaining to imported consumer products.
- Advising a client on the investigation of safety risks and potential CPSC reporting pertaining to roofing panels.
- Engaging with an engineering expert to conduct a product investigation and limit the scope of a product recall.
- Negotiating with the CPSC over the terms of a recall pertaining to a home spa product involving a fire risk.
- Advising a product manufacturer regarding CPSC reporting requirements in response to a burn risk associated with an electronic appliance.
- Interpreting Children’s Product Certificate (CPC) requirements imposed by the Consumer Product Safety Improvement Act (CPSIA).
- Analyzing tracking label requirements applicable to a client’s children’s products.
- Conducting diligence on CPSC-related risks applicable to off-road vehicles.
- Educating clients on requirements imposed by various regulations, including the Consumer Product Safety Act (CPSA), the CPSIA, the Federal Hazardous Substances Act (FHSA), and the Poison Prevention Packaging Act (PPPA).
Tier 1 in Product Liability and Recall (Nationwide and California)
— Benchmark Litigation 2023
Tier 1 in Mass Tort Litigation/Class Actions – Defendants
— U.S. News — Best Lawyers® “Best Law Firms” Survey 2023
Recognized as an Elite Nationwide Practice for Product Liability & Mass Torts
— Chambers USA 2023
Tier 1 in Product Liability and Finalist for “Product Liability Firm of the Year”
— LMG Life Sciences 2022
Named a BTI “Litigation Standout” for Product Liability Litigation
— BTI Litigation Outlook 2022