The Consumer Product Safety Commission (CPSC) promulgates standards for over 15,000 consumer products, from apparel to electrical articles to toys, which are imported or sold in the United States. Many state legislatures have also enacted product safety guidelines, which create additional regulatory requirements. In addition to monetary fines and penalties, non-compliant merchandise may be seized, destroyed, and/or excluded from the United States. Products found to be hazardous after distribution can be subject to consumer level recalls.
The firm assists clients at both the federal and state level. Our attorneys routinely communicate with the regulatory officials responsible for overseeing product safety. We regularly advise clients with regard to:
- Compliance with the Consumer Product Safety Improvement Act of 2008 (CPSIA).
- Section 15b defective and hazardous product reporting.
- Product recall planning and coordination.
- Product safety reviews to assess and prevent potential violations.
- The “small parts” requirements, and other toy safety regulations, under the Federal Hazardous Substances Act.
- Federal and state restrictions regarding drawstrings on children’s clothing.
- Requirements under the Flammable Fabrics Act.
- Restrictions regarding lead content in consumer products.
- The Poison Prevention Packaging Act administered by the CPSC.
We work with our clients to draft agreements and implement safety protocols with manufacturers and other trading partners designed to maximize compliance with these governmental requirements. We also assist clients with the development of internal control procedures as part of an overall compliance plan.