Charles A. Samuels
Member / Co-chair, Retail and Consumer Products
+1.202.434.7312
Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.
Chuck is engaged in a federal and international regulatory and legislative practice. He has been extensively involved in product safety, environmental, tax, health care, technology, and energy issues, and public finance legislative and regulatory matters for a variety of trade associations, corporations, local governments, and state agencies.
His practice encompasses work before the US Consumer Product Safety Commission, Departments of State, Health and Human Services, Energy, and Treasury, US Trade Representative, Environmental Protection Agency, Federal Trade Commission, the IRS, and other federal and state agencies. He also has extensive experience dealing with Canada, the European Commission, and international bodies.
Chuck also engages in trade association representation and antitrust counseling. As general counsel of the Association of Home Appliance Manufacturers, Chuck negotiated and drafted the amendments to the Consumer Product Safety Act and the National Appliance Energy Conservation Act, and represents the appliance industry at international bodies dealing with safety, energy, ozone depletion, and global warming.
Before joining Mintz, Chuck practiced regulatory law with a law firm in Chicago and then worked in the Executive Office of the President before entering private practice in Washington.
Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.
Experience
- Filed an amicus brief in the Seventh Circuit on behalf of national trade associations in connection with an appeal from a lower court ruling certifying a national product liability class. Adopting arguments that we advanced on behalf of the amici, the Seventh Circuit reversed the lower court ruling and decertified the plaintiff class.
viewpoints
Acting Chairman Ann Marie Buerkle Withdraws Nomination, Announces Intent to Resign From CPSC, Effective October 27, 2019
June 18, 2019 | Blog | By Charles Samuels
In a press release this afternoon, Acting Chairman Ann Marie Buerkle announced that she would be withdrawing her nomination to be the permanent Chairman of the CPSC, as well as her nomination for an additional 7 year term, which would have expired in October 2025
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Breaking: CPSC Notifies Numerous Companies of Unprecedented, Unauthorized Disclosure of Information
April 11, 2019 | Blog | By Charles Samuels, Evelyn French
Recently, the U.S. Consumer Product Safety Commission (CPSC) informed what could turn out to be a very large number of consumer product companies that it discovered what appears to be a mass inadvertent disclosure of nonpublic manufacturer and product specific information.
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CPSC Commissioner Elliot Kaye Issues Statement Providing a Framework of Safety for the Internet of Things
February 11, 2019 | Blog | By Charles Samuels, Evelyn French
Commissioner Elliot Kaye recently released a framework, which he co-authored with his Senior Science and Policy Advisor, Dr. Jonathan Midgett, that provides an “overview of technology-neutral best practices to ensure consumer product safety in the design and deployment of devices, software and systems used with the Internet-connected consumer products.” This framework should prove useful to consumer product companies as they navigate the burgeoning world of IoT devices.
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Unilateral Recalls: Companies Should Consider Launching Recalls Without the CPSC During the Government Shutdown
January 24, 2019 | Blog | By Charles Samuels, Evelyn French
Now in its fifth week, the partial government shutdown has left many companies wondering what to do about recalls for consumer products. Generally, consumer product companies work in coordination with the U.S. Consumer Product Safety Commission (“CPSC”) when conducting recalls. But like other affected agencies, the CPSC is currently operating with only its essential staff members, which is about 20 or fewer employees.
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Costco Agrees to $3.85 Million Civil Penalty for Failure to Report, Accepted by Unanimous CPSC Vote
October 8, 2018 | Blog | By Charles Samuels, Evelyn French
On Friday, October 5, 2018, the U.S. Consumer Product Safety Commission (“CPSC”) announced that Costco Wholesale, Corp. (Costco) entered into a settlement agreement with the CPSC to pay a $3.85 million civil penalty for its alleged failure to report defective trash cans. The penalty agreement was accepted 4-0 by the Commission. Notably, this is the first multi-million dollar civil penalty in the post-CPSIA era where there was not a Democratic majority at the CPSC, indicating that penalty actions are far from moribund under the current leadership.
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Peter Feldman Confirmed as Fifth Commissioner at CPSC, Ushering in a Republican Majority for First Time Since 2006
September 25, 2018 | Blog | By Charles Samuels
CPSC’s Zen Magnets Mandatory Recall Reversed: A Mixed District Court Decision Gives Zen Magnets a New Life and the CPSC Favorable Precedent for Mandatory Recalls
June 14, 2018 | Blog | By Charles Samuels
The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the never-ending saga of Zen Magnets, LLC v. CPSC.
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Baiocco Confirmation Signals the Beginning of a New Paradigm at CPSC
May 23, 2018 | Blog | By Charles Samuels
Yesterday the U.S. Senate confirmed Dana Baiocco (pronounced “Bee Awe Co”) as a Commissioner for the U.S. Consumer Product Safety Commission with a term that runs through October of 2024.
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President Trump Re-Nominates Ann Marie Buerkle For Permanent CPSC Chairman and Dana Baiocco as Commissioner
January 9, 2018 | Blog | By Charles Samuels
With Congress back in session, on January 8th President Trump was swift to re-nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the CPSC, along with a nomination for a second term as a Commissioner. President Trump also re-nominated Dana Baiocco to be a Commissioner.
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Tax Reform: The Threat of Annihilation of Tax-Exempt Financing
November 9, 2017 | Blog | By Charles Samuels, Meghan Burke, John Regier
Mintz Levin's Chuck Samuels, Meghan Burke, Len Weiser-Varon, and John Regier discussed the new tax reform bill in a webinar entitled "Tax Reform: The Threat of Annihilation of Tax Exempt Financing.”
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News & Press
Retail and Consumer Products Co-chair Charles Samuels was quoted in a Bond Buyer article about the last minute deal that was struck to avoid a governmental shutdown and the reaction from the municipal market.
American Lawyer spoke to Retail and Consumer Products Co-chair Charles Samuels on the litigation surrounding the recall of Onewheel electric skateboards.
Muni Market Keeps Wary Eye On Likely Government Shutdown
September 28, 2023
Retail and Consumer Products Co-chair Charles Samuels spoke to The Bond Buyer on the impact a governmental shut down may have on the municipal market.
Advance Refunding Back In Play
March 28, 2023
The Bond Buyer quoted Member Charles Samuels on the House's introduction of the Investing in Our Communities bill, which would restore the provision that was eliminated by the Trump Administration.
SEC's ABS Proposal Could Spell Added Costs For Issuers
March 7, 2023
The Bond Buyer quoted Mintz Member Charles Samuels about the SEC's proposed reintroduction of an ABS rule that would stop individuals involved in securitization transactions from shorting the securitizations they create.
Mintz Member Charles Samuels, spoke to The Bond Buyer about the proposed roster for the House's Ways and Means committee.
House Speaker Turmoil Flashes Warning Lights For Muni Advocates
January 6, 2023
Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, spoke to The Bond Buyer about potential complications to the public finance agenda resulting from a crisis in Republican House Leadership.
Issuer Data Standards: A Natural Evolution Or A Dumbing Down?
December 13, 2022
Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, spoke to The Bond Buyer about what potential impact of the Financial Disclosure Transparency Act on the municipal market.
With House In flux, Public Finance Advocates Stay The Course
December 1, 2022
Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, was quoted in The Bond Buyer in an article covering what a divided Congress means for the municipal market.
Gridlock Can Be Good For The Muni Market
November 9, 2022
Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, was quoted in The Bond Buyer in an article covering what a divided congress and gridlock mean for the municipal market.
What's At Stake For The Muni Market In Midterm Elections?
September 19, 2022
Consumer Product Agency Picks Up Steam Under Biden
October 8, 2021
Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by Law360 discussing how the relatively small Consumer Product Safety Commission (CPSC) is transforming into a more aggressive regulator under President Joe Biden.
CPSC Commissioner Kaye To Leave Agency
August 27, 2021
Mintz Member and Co-Chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by Law360 reflecting on the departure and legacy of Elliot Kaye, former chairman and a current commissioner of the U.S. Consumer Product Safety Commission.
Senate Passes Bipartisan Infrastructure Bill Expanding PABs
August 11, 2021
Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by The Bond Buyer discussing the recently passed bipartisan infrastructure bill, a historic piece of legislation that invests hundreds of millions of dollars on roads, bridges, and other infrastructure, doubles highway private activity bond authority, and expands private activity bond eligibility to broadband and carbon capture projects.
Peloton Tested a U.S. Safety Watchdog. It Wasn’t the First.
August 10, 2021
Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by The Wall Street Journal on the Consumer Product Safety Commission (CPSC)’s recall request on Peloton treadmills. Specifically, Mr. Samuels discussed how the CPSC’s protocols prevent government overreach and allow companies to comment on the accuracy of recall disclosures.
Higher Education Faces Infrastructure Uncertainty
July 28, 2021
Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was interviewed by the National Association of College and University Business Officers (NACUBO) to discuss upcoming legislation that may impact colleges and universities, in addition to sharing observations related to bonds and other financing tools.
New Life for Money Market Mutual Fund Fix
March 13, 2019
Mintz Member Chuck Samuels discusses a bill that issuers of municipal bonds say would both lower their borrowing costs and give them more investing flexibility is back on the table after failing to become law in the previous Congress.
IRS Private Activity Rules Aim to Ease Public Approval Process
December 31, 2018
Mintz Member Chuck Samuels provides commentary in this feature article discussing the IRS’ new final regulations streamlining the public approval process for tax-exempt private activity bonds.
Threat to PABs over as Democrats take House
November 7, 2018
Mintz Member Chuck Samuels, counsel to the National Association of Health & Educational Facilities Finance Authorities, is quoted in this article discussing how the 2018 midterm elections could impact the future of private activity bonds (PABs).
Costco Settlement Shows CPSC Still Imposing Big Penalties
October 19, 2018
This contributed column, authored by Charles Samuels, Shawn Skolky and Evelyn French, discusses a recent $3.85 million U.S. Consumer Product Safety Commission penalty for an alleged failure to timely report defective trash cans. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership.
Why issuers want to undo money market mutual fund rules
June 27, 2018
Washington, D.C. Member Chuck Samuels is one of the industry sources quoted in this feature article discussing the impact potential legislation that would partially roll back regulations on money market mutual funds could have on the issuers of municipal bonds.
Win For Zen Magnets Still A Good Precedent For The CPSC
June 21, 2018
Matt Howsare, Chuck Samuels and Shawn Skolky authored this “Expert Analysis” column. The authors note that the consumer product safety community is rarely provided guidance by federal court decisions. They do however discuss a recent U.S. District Court opinion in Zen Magnets LLC v. Consumer Product Safety Commission and the implications for the industry.
Britax, Zen Magnet Cases Could Hamper CPSC Recalls
May 30, 2018
This feature story discusses two challenges before the Consumer Product Safety Commission (CPSC) demanding recalls of Britax Child Safety strollers and Zen Magnets magnets.
MSRB FAQs Welcomed, But Raise Questions
April 19, 2018
Washington, D.C. Member Chuck Samuels is among the industry sources quoted in this feature article noting that the Municipal Securities Rulemaking Board’s (MSRB) latest “frequently asked questions” about its core municipal advisor rule is ambiguous and raises questions than answered.
This article discusses the reactions by municipal groups about the Tax Equity and Fiscal Responsibility Act (TEFRA) rules for Private Activity Bonds (PABs). Mintz Member Chuck Samuels is among the industry sources providing commentary.
Hatch retirement could help muni market in 2019
January 3, 2018
Chuck Samuels, a Member in the Mintz DC office and a government law and federal and international regulatory attorney, was quoted in an article in The Bond Buyer on the impact the retirement of Senator Hatch may have on the municipal bond market.
Tax bill will lead to radical transformation of muni market
December 18, 2017
Chuck Samuels is quoted in an article in the Bond Buyer on the subject of the tax bill enactment and the transformation it will bring to the municipal bond market.
Final tax bill gives muni market the gift of continued PABs
December 15, 2017
Chuck Samuels is quoted in an article from the Bond Buyer on the subject of the final tax bill in 2017 and its full preservation of private activity bonds and tax-exempt bonds for professional sports stadiums and arenas.
GOP under pressure on bond issue in tax bill
December 12, 2017
Chuck Samuels, a Member in the Mintz DC office, is quoted in an article from The Hill on the potential elimination of private activity bonds in the proposed tax bill.
Muni groups, upset by House tax bill, pin hopes on Senate
November 17, 2017
Chuck Samuels, a Washington D.C. Member, is quoted in an article from The Bond Buyer on the topic of the reaction of municipal market participants following the House vote to pass a tax bill that would eliminate private activity bonds and advance refundings beginning in 2018.
Off the Pedestal
November 6, 2017
Washington, D.C. Member Chuck Samuels was quoted in an Inside HigherEd article on the impact that the proposed Republican tax plan would have on higher education – specifically touching upon potentially cutting off key sources of borrowing and imposing new taxes on wealthy institutions.
Muni market blindsided by bond provisions in House GOP tax plan
November 2, 2017
Member Chuck Samuels, a government law and federal and international regulatory attorney, is quoted in this The Bond Buyer article discussing the reaction to the House Republicans’ tax bill, which would eliminate private activity bonds and advance refunding bonds after this 2017.
CPSC Acting Chief Buerkle Chosen for Chairmanship
July 25, 2017
Washington, D.C. Member Chuck Samuels was quoted in a Bloomberg BNA article covering President Trump’s intent to nominate Ann Marie Buerkle, the acting chief of the Consumer Product Safety Commission, to become the CPS’s official chairman.
Chuck Samuels, a Member in the Mintz Washington, D.C. office, was quoted in a Bloomberg BNA article covering the $2 million budget cut facing the Consumer Product Safety Commission (CPSC) under President Trump’s Fiscal Year 2018 budget proposal.
Tax plan would eliminate most tax deductions, loopholes, leaving tax-exempt bond market worried
April 26, 2017
This article discusses the Trump administration’s tax plan, which involves cuts in tax rates and the elimination of tax deductions and loopholes for the wealthy. Mintz Member Charles Samuels is among the industry sources quoted.
This article explores the power struggle at the U.S. Consumer Product Safety Commission under the new Trump administration. It notes that rather than leaving the CPSC, the former chairman has stayed on in a demoted role to maintain Democratic control of the commission.
Trump Moves Swiftly to Influence Independent Agencies
March 17, 2017
Member Charles Samuels, a regulatory and legislative attorney, provides commentary on President Trump’s actions to install Republicans as new acting chairs of many regulatory agencies and the potential impact of these fast leadership changes.
CPSC Rule Process, Penalties May Change Under Buerkle
February 16, 2017
Mintz Member Chuck Samuels comments in this Bloomberg BNA article discussing the potential outcomes for the Consumer Product Safety Commission under new Chairman Ann Marie Buerkle and her role in future enforcement.
In this January 2017 article, Mintz Washington, D.C. Member Chuck Samuels provides insight on whether municipal groups can count on President-Elect Trump regarding tax exemptions after the introduction of tax reform proposals intending to repeal or restrict tax deductions and exemptions.
Consumer safety agency flexes its muscles but is likely to face pushback under Donald Trump
December 27, 2016
Chuck Samuels, a Member in the Mintz DC office, is quoted in an article from The Kansas City Star on the Consumer Product Safety Commission’s (CPSC) efforts in recent years to change its somewhat weaker image to an agency with a penalties system with teeth.
Understanding The CPSC's Big Win Against Spectrum Brands
December 16, 2016
Mintz Members Matthew Howsare and Chuck Samuels authored this Law360 article examining the federal courts’ involvement in interpreting the U.S. Consumer Product Safety Commission’s (CPSC) product safety laws.
This article notes the Consumer Product Safety Commission (CPSC) is working to change outside perspective so people see it as a force to be reckoned with when it comes to civil penalties.
CPSC Expected to Shift to Republicans in October
December 12, 2016
Mintz Member Chuck Samuels was quoted in this Bloomberg BNA Product Safety & Liability Reporter article discussing the future of the Consumer Product Safety Commission (CPSC). The article notes the CPSC will likely shift to the Republicans in 2017.
Muni Disclosure Responsibility Would Shift to Issuers From Underwriters in Draft Bill
December 7, 2016
Mintz Member Chuck Samuels was quoted in this The Bond Buyer article discussing how the draft of a bill would reorient municipal securities disclosure.
CPSC's Rare 10th Circ. Loss Gives Boost To Magnet Industry
November 28, 2016
Mintz Member Chuck Samuels is quoted in this Law360 article discussing the unusual nature of the Tenth Circuit’s split decision to vacate the CPSC rule on small, high-powered magnets – only the latest turn in the agency’s tale with the novelty toy.
Trump's Tax, Infrastructure Plans Jeopardize Exemption for Munis
November 9, 2016
Mintz Member Chuck Samuels is quoted in this The Bond Buyer article discussing President-Elect Donald Trump’s plans for “historic tax reform and increased spending on infrastructure,” which could endanger municipal bond tax exemption.
This article notes the reaction to a report, "Reexamining the Tax Exemption of Municipal Bond Interest," issued by the Tax Foundation. It's noted that advocates for maintaining the tax-exempt status of municipal bonds are objecting to the report.
CPSC Majority Holds Firm on Civil Penalties
July 22, 2016
Mintz Member Chuck Samuels is quoted in this Bloomberg BNA Product Safety & Liability Reporter article on how the Consumer Product Safety Commission’s latest civil penalties statement regarding reporting violations demonstrates that the majority in the CPSC will likely not change their approach.
CPSC Head Says Companies Should Share Penalty Info
June 27, 2016
Mintz Member Chuck Samuels is quoted in this Law360 article discussing the head of the U.S. Consumer Product Safety Commission’s (CPSC) response to attorney requests that the CPSC be transparent about its decision-making process for civil penalties.
Mintz Member Chuck Samuels is quoted in this Reuters article covering the U.S. Consumer Product Safety Commission Chairman’s about-face in response to companies’ calls for increased transparency in civil penalty settlement agreements.
Inside the 'Messy Brew' of Product Safety Penalties
June 15, 2016
Mintz Member Chuck Samuels is quoted in this National Law Journal article on a settlement between Mr. Coffee Brewing Co. and the Consumer Product Safety Commission.
CPSC Civil Penalties: A Divide Along Party Lines
June 14, 2016
Matthew Howsare, Co-chair of Mintz’s Consumer Product Safety Practice, and Member Chuck Samuels, authored this Law360 column highlighting “divides along party lines” within the Consumer Product Safety Commission leadership over the civil penalties for companies in violation of their regulations.
Mintz Washington, DC Member Chuck Samuels is quoted in this Law360 article on the Consumer Product Safety Commission’s (CPSC) civil penalty against Starbucks’ Teavana for “failing to report exploding tea tumblers,” invoking a $3.75 million fine.
CPSC Budget Calls for Nanotech, Import Safety Investments
February 9, 2016
Mintz Member Chuck Samuels is quoted in this BNA’s Product Safety & Liability Reporter article on the Consumer Product Safety Commission’s budget, including its calls for nanotechnology and import safety investments.
Mintz Forms Dedicated Product Risk Management & Response Practice
September 03, 2013
Events & Speaking
Speaker
Feb
24
2021
ICPHSO 2021 Annual Virtual Meeting and Training Symposium
International Consumer Product Health and Safety Organization
Virtual Event
Speaker
Speaker
Speaker
Faculty
May
22
2014
2014 Product Safety Management Certificate Course
2014 Product Safety Management Certificate Course at Saint Louis University's Center for Supply Chain Management Studies
St. Louis, MO
Speaker
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Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.
Recognition & Awards
JD Supra Readers' Choice Awards: Top Author in Product Liability (2020)
Martindale-Hubbell AV Preeminent
Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.
Involvement
- Member, District of Columbia Bar Association
- Member, American Bar Association
Recent Insights
Retail and Consumer Products Co-chair Charles Samuels was quoted in a Bond Buyer article about the last minute deal that was struck to avoid a governmental shutdown and the reaction from the municipal market.
American Lawyer spoke to Retail and Consumer Products Co-chair Charles Samuels on the litigation surrounding the recall of Onewheel electric skateboards.
Retail and Consumer Products Co-chair Charles Samuels spoke to The Bond Buyer on the impact a governmental shut down may have on the municipal market.
