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Consumer Product Safety

  • Representing a manufacturer of component parts for consumer products in 15 separate product liability actions throughout the US and Canada.
  • Represented a major manufacturer after the CPSC’s Office of Compliance ordered the company to implement a stop-sale and take corrective action for a major product line and obtained a reversal of the initial CPSC enforcement determination.
  • Successfully resolved a putative nationwide class action alleging violations of the NY and other state unfair trade practices acts regarding the use of the advertising term “Natural” in personal care products.
  • Defended a national retail pharmacy chain which manufactures, retails and distributes a private label of homeopathic products in a putative class action alleging false and misleading statements on labels of private label homeopathic products, brought under California (UCL, FAL, CLRA) consumer protection laws. Settled on terms very favorable to client before class certification briefed.
  • Advised an international retailer expanding into the United States on CPSC issues.
  • Assisted a national retailer in a product recall of an office product by helping them comply with CPSC and HealthCanada regulations.
  • Represented a New York manufacturer of consumer healthcare products under California Proposition 65 allegations, obtaining a favorable settlement for our client.
  • Represented an international retailer's specialty brand in a product recall. As a result of our work on this product recall, client asked Mintz to do a complete assessment of all of its non-food product safety processes.
  • Defended a global manufacturer of over-the-counter health and beauty products in a class action alleging false and misleading statements on labels of homeopathic products, brought under California (UCL, FAL, CLRA) and Florida (FUDTPA) consumer protection laws.
  • Filed Section 15(b) reports for multiple clients where the CPSC’s Office of Compliance did not make a finding that a product was defective or created a substantial product hazard and a recall was not warranted.
  • Represented a manufacturer of private label over-the-counter (OTC) consumer products in multiple “slack fill” cases and government investigations.
  • Assisted multiple manufacturers, retailers, and distributors with auditing, modifying, and drafting internal product safety compliance programs and training materials.
  • Assisted a client with obtaining the release a large shipment being held by the CPSC’s Office of Import Surveillance at a US port of entry.
  • Assisted a food retailer in responding to a CLRA demand letter alleging false and misleading statements on labels of food products brought under California (UCL, FAL, CLRA) consumer protection laws. Settled favorably before lawsuit filed.
  • Successfully negotiated civil penalty amounts to obtain settlement with the CPSC’s Office of General Counsel and avoid referral to the US Department of Justice.
  • Assisted a client with significantly reducing the scope of information requested in an investigation letter from the CPSC’s Office of Compliance.
  • Defended a consumer goods corporation in a putative class action alleging false and misleading statements on labels of various home care products, brought under New York (GBL §§ 349, 350) consumer protection laws.
  • Advised a national retailer in before the Consumer Product Safety Commission (CPSC) in a compliance investigation, which included an onsite inspection by the CPSC.
  • Represented a supplier of do-it-yourself sewing, quilting, home decorating and crafts products in negotiations with the State of California regulatory agencies to limit fines and penalties in violation of the California Air Resources Board, and also Proposition 65.
  • Successfully advocated for the CPSC to exclude a client’s product from a proposed regulatory ban.
  • Successfully resolved a wrongful death action for the US subsidiary of a German-based manufacturer of cleaning equipment. We were brought in on the eve of trial and negotiated a favorable settlement for the client.
  • Represented a publicly traded distributor of personal care products, in California regarding Prop 65 (Safe Drinking Water and Toxic Enforcement Act) cases and Consumer Legal Remedies Act (CLRA) claims. All cases have been resolved through favorable settlements approved by the court.
Case Study
Mintz serves as national counsel to a multinational manufacturer of parts used in industrial and consumer products, assisting the company with litigation prevention and handling product liability lawsuits throughout the United States and Canada.
Case Study
Mintz obtained a voluntary dismissal of a putative class action filed in Florida against a manufacturer of products that require compliance with UL standards. Mintz’s dismissal motion noted that the defendant had no corporate or operational presence in Florida.
Case Study
Mintz negotiated a favorable settlement of two California state court cases for a pet food manufacturer over the company’s alleged violations of California and federal regulations related to nonfunctional slack fill.
Case Study
Mintz helped a manufacturer of a regulated consumer product obtain reversal and dismissal of a CPSC order to implement a stop sale of a product and take corrective action to address an alleged violation. Mintz’s filing cited a competing interpretation of the applicable regulations.