Consumer Product Labeling & Safety
DDSF provides counsel on all aspects of consumer product safety regulation and product recalls. DDSF represents retailers, large and small manufacturers, importers and distributors of consumer products, including toys, children’s clothing, children’s sleepwear, child care articles, children’s products, toys, clothing, vitamins, coating manufacturers, beauty products and cosmetics, over the counter drug products, and others.
DDSF provides advice regarding compliance with all aspects of the laws and regulations related to consumer product labeling and safety, including the Consumer Product Sfaety Act and the Consumer Product Safety Improvement Act (CPSIA). We are very famliar with and counsel our clients on the details of the CPSIA, including testing requirements, certificate requirements, applicable exemptions, and other requirements. DDSF also advises clients on compliance with the Flammable Fibers Act, the Federal Hazardous Substances Act, the Poison Prevention Act, the Food, Drug & Cosmetics Act, textile labeling laws and other federal laws. Additionally, DDSF advises clients regarding compliance with consumer product labeling and safety laws at the state level, including, for example, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”).
The CPSIA has imposed substantial new burdens on manufacturers and importers. The Consumer Product Safety Commission (CPSC) regulates children’s products, including toys and games, durable nursery goods, child care articles, children’s clothing, children’s sleepwear, and other similar products. DDSF has recently counseled clients on:
- Developing a comprehensive compliance for a new stuffed toy, including CPSIA compliance and state registration.
- Managing a recall of a remote controlled flying toy.
- Implementing a compliance plan for imported children’s products.
DDSF Partner Jennifer Taggart is uniquely aware of and involved in social media, and also advises clients on monitoring social media for risk management and consumer product safety issues. Many manufacturers and retailers are using social media, including product reviews, to generate buzz about their products. DDSF advises clients on compliance with the Federal Trade Commission’s guidelines on endorsements and testimonials.
DDSF also advises clients on managing the risks associated with social media outreach. Solicited and unsolicited product reviews can identify potential compliance issues. and social media must be monitored to identify such risks. DDSF counsel clients on developing such strategies, and also assist with monitoring the CPSC’s online database of consumer product complaints.
With respect to Proposition 65, DDSF has worked with numerous clients to integrate Proposition 65 compliance in the supplier chain. DDSF has also successfully defended claims brought against clients under Proposition 65. DDSF’s expertise in defending product liability and toxic tort litigation claims translates to effective counseling of clients regarding steps to take to limit or eliminate the potential for such claims.