Morgan Lewis

Consumer Product Safety Commission Regulation

During the past several years, the Consumer Product Safety Commission (CPSC) has been transformed from a small inactive agency to a larger, enforcement-oriented regulatory force in Washington. The Commission’s Chair intends to continue this aggressive regulatory and enforcement approach. We have assisted manufacturers of consumer products to successfully respond to this new regulatory environment.

We have, for example, successfully negotiated recalls and other corrective action programs and settlement agreements with the CPSC on behalf of our clients. We have advised clients regarding submission of Sections 15(b) and 37 reports on product hazards, and have prepared corporate guidelines and compliance programs relating to CPSC requirements. We also have represented clients in developing strategies to avoid or moderate CPSC regulation of specific products; participated actively on behalf of clients in written and oral testimony before the CPSC and staff; and represented clients in the largest administrative litigation to date with the CPSC.

Due to the significant public relations and litigation consequences of CPSC recalls and enforcement actions, we also often assist clients with crisis management, national media coverage and strategies for dealing with potential subsequent product liability claims. Our lawyers also assist clients in CPSC corporate due diligence reviews prior to the sale or acquisition of consumer product manufacturing and distribution companies.