Product Risk Management & Response

When it comes to launching a new product, complying with regulations, defending product liability lawsuits, and the overall protection of your company’s brand reputation in the marketplace, having counsel that knows how to manage and mitigate risk throughout every stage of the product life cycle is critical. Our attorneys are experienced in product safety and other regulatory issues and commercial concerns from every legal angle, and we leverage that comprehensive knowledge to your benefit. We know how to protect your business — from product inception, through product launch, and while your products are in the marketplace. When issues, such as product recalls, data breaches, trade practices, or class action litigation, do arise, we can help you respond quickly and in a way that meets your business objectives.

Our multidisciplinary Product Risk Management & Response Practice helps clients identify and manage their risks relating to product development, safety, other regulatory compliance, branding, advertising, promotion, distribution, and sales. Our team includes attorneys from our Consumer Product Safety, FDA, EPA, Privacy & Security, Class Action, Insurance & Reinsurance, and Complex Tort & Product-Related Litigation practices, and when necessary, government relations and crisis management professionals from our consulting affiliate, ML Strategies, LLC

Quick Facts

  • Decades of experience paired with strong regulatory insights feed our pragmatic approach to compliance, risk management, and crisis management
  • Ability to navigate complex consumer product federal and state laws and regulations set by the following:
    • Consumer Product Safety Commission (CPSC)
    • Customs and Border Protection (CBP)
    • Federal Trade Commission (FTC)
    • Food and Drug Administration (FDA)
    • Environmental Protection Agency (EPA)

  • Deep experience defending:
    • Alleged product safety concerns
    • False advertising claims
    • Regulatory agency investigations and enforcement matters
    • Consumer class actions
    • Privacy- and data-related breaches

  • Team includes former Chief of Staff and Chief Counsel to Chairman at CPSC and former attorneys with the FTC
  • Well-versed in critical state laws like California’s Proposition 65
  • Well-versed in international laws and regulations:
    • Canada consumer product safety legislation
    • New EU product safety directives
    • China instituting and enforcing new export controls and internal recall procedures
    • Additional product safety laws for various countries

Areas of Focus

  • Consumer class action defense
  • Crisis management and communications
  • False advertising litigation
  • Indemnities and warranties
  • Intellectual property and trademark protection
  • International product standards and regulations (EU, Canada, Asia)
  • Marketing, distribution, and sales
  • Privacy and data protection
  • Product liability
  • Product safety monitoring and response policies and procedures
  • Product standards and testing regulations
  • Product recall issues and development of corrective action plans
  • Regulatory agency investigations and enforcement defense (FDA, FTC, CPSC)

Clients We Serve

  • Importers and exporters of consumer products
  • Manufacturers
    • Apparel
    • Appliances
    • Cosmetics
    • Crafts
    • Food
    • Household cleaning products
    • Household furnishings and décor
    • Jewelry and accessories
    • Medical devices
    • Medical equipment
    • Pharmaceuticals, over-the-counter supplements, and homeopathic products
    • Recreational and sporting goods
    • School supplies and equipment
    • Toys
  • Product safety testing labs
  • Retailers
  • Trade associations