Consumer Product Labeling & Safety
Demetriou, Del Guercio, Springer & Francis, LLP, provides counsel on all aspects of consumer product safety, compliance, regulations, labeling and recalls. Our attorneys assist and counsel 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, vitamins, coating products, beauty products and cosmetics, over-the-counter drug products and medical devices, pesticide devices and others.
With the continually changing and growing global consumer product safety regulatory framework, our attorneys are often at the cutting edge of consumer product safety issues. Unlike other firms, several of our attorneys have degrees in engineering and scientific disciplines, and experience in manufacturing, engineering and scientific fields. This provides a significant advantage as we have established that a strong scientific and technical proficiency translates to obtaining effective results in dealings with private parties, public entities and regulatory agencies. We have the background and experience to obtain efficient resolutions.
Assistance With A Spectrum Of Consumer Product Safety Issues
In the rapidly expanding and evolving area of consumer product safety law, one of the most difficult tasks for clients is to remain current with the laws and regulations. Demetriou, Del Guercio, Springer & Francis, LLP, assists its clients in maintaining up-to-date knowledge of consumer product safety regulations and labeling requirements and opportunities. Through our specialized knowledge and experience, the firm effectively assists its clients in achieving their goals and objectives.
Our attorneys are familiar with all aspects of the laws and regulations related to consumer product labeling and safety, including the following:
- Addressing the challenges of the Consumer Product Safety Act (CPSA) and the Consumer Product Safety Improvement Act (CPSIA). We counsel our clients on the details of the CPSA and CPSIA, including testing requirements, certificate requirements, applicable exemptions and other requirements.
- Advising clients regarding possible reporting obligations under CPSA Sections 15 and 37, and preparing and presenting product hazard reports
- Negotiating the requirements of a recall and communicating with the Consumer Product Safety Commission (CPSC), working with downstream retailers, advising clients on public relations and assisting with international compliance issues as needed
- Identifying applicable regulations and requirements during product development, and labeling and packaging requirements
- Counseling clients on compliance with the Flammable Fibers Act (FFA), the Federal Hazardous Substances Act (FHSA), the Poison Prevention Packaging Act (PPPA), the Federal Food, Drug, and Cosmetics Act (FFDCA), textile labeling laws and other federal laws as well as state laws, including California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), state and local bans on particular flame retardants, mattress and filling label laws, and other state and local laws
Our lawyers have recently counseled clients on:
- Developing comprehensive compliance for a new stuffed toy, including CPSIA compliance and state registration
- Managing a recall of a remote-controlled flying toy
- Managing a recall of a chair
- Managing a recall of children’s robes
- Implementing a comprehensive CPSIA compliance plan for imported children’s products
Partner Jeniffer 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.
Our attorneys also assist clients in 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. Demetriou, Del Guercio, Springer & Francis, LLP, counsels clients on developing such strategies, and also assists with monitoring the CPSC’s online database of consumer product complaints.
With respect to Proposition 65, Demetriou, Del Guercio, Springer & Francis, LLP, has worked with numerous clients to integrate Proposition 65 compliance in the supplier chain. We also successfully defended claims brought against clients under Proposition 65. We also successfully defended claims brought against clients under Proposition 65. Our attorneys’ expertise in defending products 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.