Overview

Consumer product suppliers are increasingly being targeted for investigation by the Consumer Product Safety Commission (CPSC). The stakes in these investigations can be very high, involving the potential for costly recalls, related litigation and long-lasting damage to a company’s reputation.

Too often, product suppliers assume that the proper response to an investigation is simply to hire a former CPSC staffer or someone who happens to know people at the Commission. Neither of these is adequate given the heavy demands the CPSC places on companies it scrutinizes.

Government officials want companies to be able to prove their product is reasonably safe, and they expect that possible issues involving the product were reported in a timely manner. They further expect companies to respond promptly, thoroughly and correctly to their increasingly broad demands for documents and product-related information — and they want those responses to reflect the latest legal and technological standards in electronic discovery acquisition and production.

Our CPSC investigations team guides product suppliers and manufacturers through this stressful investigation process. We structure companies’ research efforts so they are more efficient, with our CPSC e-discovery team helping clients gather relevant emails and cloud-based documents promptly. And our up-to-date knowledge of CPSC regulations allows companies to provide a thorough and professional response to the Commission’s questions.

Above all, we help clients make the best case for their company and their products. How do we make that case? Regulatory knowledge is just the beginning. Success also requires knowing the right experts to put a product’s performance in context. Furthermore, it demands first-chair product liability trial experience, not only to effectively state a company’s case, but to understand, anticipate and mitigate any spillover from the regulatory investigation into courtroom product liability or class action litigation.

Our attorneys are constantly trying product liability cases around the country, giving us experience that serves as a critical component of our CPSC investigations practice. Our trial victories are recent, not from 10 years ago. Whether the issue is pending in a courtroom, an administrative hearing, or an informal investigation, we are well-positioned to provide a comprehensive defense for any company facing the challenges posed by a CPSC investigation or inquiry.

Product Liability Blog

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Environmental non-governmental organizations (NGOs) are pursuing litigation against EPA to force companies that have never intentionally used asbestos in a product to file reports linking their products to asbestos. Manufacturing and chemical companies should keep an eye on Asbestos Disease Awareness Organization v. Wheeler – currently pending in California federal court – where the NGOs... Continue Reading

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