For decades, Snell & Wilmer attorneys have counseled and defended consumer product companies. Concerns over the safety of imports into the United States have exploded in recent years in the aftermath of multiple high-profile recalls of consumer goods from overseas, including children’s toys and other products. Broad, sweeping laws and regulations have been passed to strengthen consumer product safety rules and provide the Consumer Product Safety Commission (CPSC) with millions of dollars in additional funding and staffing. The Consumer Product Safety Improvement Act of 2008 impacts virtually all manufacturers, importers, distributors, resellers and retailers of consumer products. Some of its provisions are already in effect, and other requirements are still forthcoming.
The CPSC regulates all types of products purchased for use at home or otherwise by individuals for their personal use, except for certain products otherwise regulated by other agencies. This broad definition covers most household products including furniture, fixtures, clothing, electronics, appliances, lighting, window coverings, pool equipment, sports and outdoor equipment and most types of children's products and toys.
The CPSC has recently issued a record number of recalls. Maximum civil penalties for violations are now $100,000 per violation, with a maximum of $15 million for a series of related violations. State attorneys general are enabled to enforce federal standards. The new federal laws leave in place and do not preempt many state laws such as California’s Proposition 65. A new CPSC online database will open in March 2011, which will allow virtually anyone to publicly post any risk of a consumer product and allow others to search the database.
Is your business ready?
Our Experience
Snell & Wilmer can help, whether a client is seeking advice on the new laws or facing litigation or enforcement actions. We have handled all types of administrative actions and product liability and tort actions, including individual lawsuits, class actions, mass tort litigation and multi-district litigation cases. Our national trial experience is extensive, and includes handling cases involving a wide variety of products. Our product liability attorneys have tried more than 40 cases to verdict in the last three years alone. Our depth of trial experience means that we frequently have multiple teams simultaneously in trial across the country. Such trials include high-exposure, wrongful death and catastrophic injury cases. Our expertise in national and regional coordinating counsel programs has given us the background and knowledge to effectively manage the complex aspects of product liability and mass tort litigation.
Because of all the recent changes to consumer product safety laws, Snell & Wilmer has counseled consumer product companies about compliance and how to avoid penalties and litigation. Some of our experience in advising and counseling on consumer product safety includes:
- Responding to CPSC inquiries about reported incidents, working with clients to conduct their investigation and submitting written responses to the CPSC
- Advising and coordinating recall and voluntary product replacement notices and programs
- Preparing supplier agreements and analyzing insurance related to indemnification, supplier and recall issues
- Advising on general conformity certification to comply with import rules
- Analyzing and implementing compliance testing and reasonable testing programs (both internal and third-party)
Our publications about particular topics related to consumer product safety laws are linked at right. They include articles about civil penalties, lead and phthalate limits, tracking labels, Bisphenol A and testing and certification.
Our Clients
We represent and advise manufacturers, importers, distributors, retailers and re-sellers. Our philosophy is to take a proactive approach in defending our clients. We have a proven track record representing manufacturers, inventors, researchers, engineers, designers and sellers of consumer products. We have counseled companies about:
- Children's products
- Sporting goods
- Recreational products
- Household products
- Appliances
- Energy-generating products
- Consumer electronics
- Window coverings
- Water filtration systems
- Power tools
- Lighting products
- Outdoor, pool and spa products
- Shoes and footwear
- Clothing
Our Attorneys
Snell & Wilmer defends all of its consumer product clients with attorneys who combine technical backgrounds and trial skills with efficiency and cost-effectiveness. We strive to provide each client with the best team available to achieve optimal results at a reasonable cost. Our attorneys focus their efforts on developing a plan of action that will best achieve our clients' goals, with time-sensitive, effective and cost-efficient representation.
Our product liability attorneys combine extensive experience with state-of-the-art case management technology and handle the litigation demands of mass torts and complex cases involving consumer products. Our intellectual property attorneys regularly prepare and assess assignment, development, and licensing agreements relating to intellectual property and evaluate registrability, patentability, validity and infringement issues relating to intellectual properties for manufacturers. Our corporate attorneys represent clients in import and export advice, trade regulation, customs duties and compliance, licensing, product development and supply agreements, joint ventures and audits.
The interpretation and execution of these new laws and regulation continues to evolve every week. They are a complicated web and to comply, your business needs to stay up to date. Certain date-specific deadlines are triggered by future CPSC action and thus some particular deadlines are not yet set. Exceptions to exceptions are rampant. Please contact Snell & Wilmer L.L.P.’s Consumer Product Safety Industry Group for further details or if we may help you or your business in any way.
