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    KERRIE L. CAMPBELL

    Partner

    Chair, Consumer Product Safety
    Litigation
    Defamation, Media, First Amendment
    Government Affairs
    email

    Consumer Product Safety

    There's A Difference Between Knowing the Rules Have Changed and Knowing the New Rules
    If you’re in the consumer products business, the passage of the Consumer Product Safety Improvement Act of 2008 (CPSIA) marked the end of business as usual. This sweeping legislation strictly regulates every step of bringing a product to market. The swift employment of the Act has left many manufacturers, importers, distributors and retailers scrambling to fully understand the daunting changes in order to comply with the requirements. At the same time, a new Consumer Product Safety Commission (CPSC) chairman and full five-member commission bring a new era of regulatory scrutiny, investigations, and unprecedented penalty exposure. Businesses will have to revisit the way they think about compliance and become more proactive about reporting and addressing potential trouble spots.

    The risks for missteps are substantial. The penalty exposure for failure to report or comply has risen sharply from a maximum of $1.8 million to $15 million per violation. If you are a manufacturer, retailer or distributor of consumer products, you need a strong advocate to represent you before the CPSC.

    Working Productively With the CPSC
    Manatt’s Consumer Product Safety practice group is composed of attorneys who have been intimately involved with consumer product safety issues for decades, as well as the related areas of media libel and advertising. We serve on the advisory board of the Bureau of National Affairs Product Safety & Liability Reporter, a leading resource for business on product safety issues. In addition, our partners have extensive experience with CPSC staff and management agencywide and are well-versed on the CPSIA.

    Since Manatt understands business and the complexities of the Act, we can guide you through the process to minimize potential exposure. From a detailed evaluation of your company’s readiness, through testing, certification, labeling, advertising, and reporting, we’ll help you meet your business objectives and regulatory requirements. We work closely with the CPSC to facilitate an open and productive dialogue. Many firms have a reactive “no contest” approach to CPSC issues, missing opportunities to avoid problems in the first place and to advocate for the company in the face of an inquiry or investigation. Manatt takes a data-driven, analytic and rational approach to effectively advocate for the company and resolve issues.

    Knowing When to Report and How to Survive a Recall
    We can help you determine when a report is appropriate and when corrective action may be required. If necessary, we will efficiently and effectively negotiate the scope of a recall, the corrective action, and the terms of public notice. We have successfully represented many companies, large and small, before the CPSC and, in many cases, have successfully shown that the reported issue did not warrant corrective action.

    Food and Drug Administration (FDA)
    Whether it’s dietary supplements (nutraceuticals), cosmetics, over-the-counter drugs, or medical devices, our FDA lawyers will help you understand and comply with the often complex FDA regulatory requirements applicable to your products. And, with an extensive practice representing manufacturers, marketers, and retailers of all sizes, we understand the significant challenges that come with selling products that are subject to overlapping FDA and Federal Trade Commission (FTC) jurisdiction. Our goal is straightforward: To understand our clients’ products and strategies and develop creative approaches to meeting marketing objectives while staying within the bounds of the law.

    While our work with the CPSC and the FDA covers 98% of all consumer products, we’re also fully capable of helping manufacturers that are regulated by other agencies, including the FTC, the National Highway Traffic Safety Administration, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. Coast Guard.

    Manatt in Action
    Since speculation can often make a bad situation much worse, we keep CPSC matters in the strictest confidence and manage the flow of accurate information during a recall, employing the media to reach affected consumers. We have managed critical situations in virtually every spectrum of manufacturing, including home appliances, power tools, consumer technology, and video games.To prevent the dissemination of damaging misinformation about our clients or their products, we have successfully communicated pre-and post-publication cease and desist demands to many print, broadcast and online media outlets, including:

    • CBS and local affiliates
    • NBC and local affiliates
    • ABC and local affiliates
    • Fox and local affiliates
    • 20/20 News Magazine
    • Examiner.com
    • News Channel 8
    • The Bergen Record
    • People Magazine
    • The Washington Post
    • LA Times
    • PC World Magazine
    • MiamiHerald.com
    • 10News.com
    • Allbritton Communications

     

    Attorneys & Professionals

    Email
    Name
    Office
    Phone
    Campbell, Kerrie L. Washington, D.C. 202.585.6526
    Lavie, Jen Deitch New York 212.790.4595
    Levy, Stanley W. Los Angeles 310.312.4379
    Sheehan, Amy Terry New York 212.790.4548
    Wasserman, Ivan J. Washington, D.C. 202.585.6529

    News

    09/12/2012Manatt Partner Kerrie Campbell Named Fellow of Litigation Counsel of America
    08/10/2012Law360 Turns to Manatt Partner on Recent CPSC Enforcement
    04/15/2010Campbell Interviewed on Plans for Product Safety Website
    11/28/2007Campbell Provides Overview of Product Recall Procedure  

    Newsletters

    06/23/2011Far-Reaching Button Cell and Lithium Battery Law in the Works
    01/19/2010Deadline Fast-Approaching to Weigh-In on New CPSC Consumer Complaint Web site
    12/23/2009CPSC Extends Stay of Enforcement Another Year and Adopts Interim Policy Permitting Component Part Testing for Lead
    08/03/2009Republican Anne Northup Tapped to Fill Final CPSC Commissioner Spot:  No More Than Three Commissioners Affiliated with the Same Political Party Allowed
    07/21/2009New CPSC Chairman Tenenbaum Rejects Lead Exposure Risk Analysis under CPSIA; Denies Exclusion Petition for Lead Crystal & Glass Beads
    05/28/2009Breaking News: CPSC Acting Chairman Role to Shift from Nancy Nord to Commissioner Thomas Moore Until New Chairman Is Confirmed
    05/05/2009Breaking News: President Obama Announces Intent to Fill CPSC Chair and Commissioner Posts; Proposes Substantial Increase In Commission’s Budget
    02/02/2009Manatt and BNA Launch Audioconference Series on Consumer Product Safety Improvement Act--Part of BNA's "Legal and Business EDge" Coverage of Current Topics
    12/02/2008CPSC Office of General Counsel Suggests that Companies Aggrieved by Retroactive Application of New Lead Limits to Inventory Petition the Commission for Relief; Phthalates Ban Does Not Apply Retroactively to Inventory
    11/17/2008CPSC Issues Final Rule Clarifying Certification Issues
    09/16/2008Direct Marketers Should Comment on New Direct Sales Advertising Labeling Requirements for Children's Products by October 15, 2008
    08/14/2008President Bush Signs Sweeping New Consumer Product Safety Law
    08/05/2008Congress Passes Bill Overhauling Consumer Product Safety Law: President Bush Expected To Promptly Sign Into Law
    05/29/2008Consumer Product Safety Commission Reauthorization on the Move
    01/09/2008Take Heed Of Important Revisions To Voluntary Toy Safety Standard: New Warning Label For Toys Containing Magnets And New Test Method For Yo-Yo Elastic Tether Balls
    11/28/2007Bill Proposes FDA Oversight of OTC Drug Ads | Consumer Reports Says Gift Cards Are No Bargain | BlackBerry Maker Tells Rival to Pick Another Color | Tiffany Says eBay Ignored Fakes | “Seaweed” Clothing Has None, Tests Show | Web Site Collects Threats to Online Speech
    11/27/2007''Perfect Storm'' Sparks Flurry of Legislative Initiatives
    09/21/2007U.S./China Safety Summit Addresses Measures to Ensure Safety of Imported Products
    08/17/2007Consumer Product Safety Commission Regains Full Authority; Companies Recall Millions of Toys Made in China; Agency Steps Up Enforcement

    Articles

    09/20/2012Preparing for Green Chemistry
    09/26/2008Analysis & Perspective:  How Companies Can Navigate the Sweeping New Compliance and Enforcement Rules in the Consumer Product Safety Improvement Act of 2008

    Events

    01/12/2010Kerrie Campbell Panelist at the CPSC Public Workshop on the CPSIA Public Database
    07/24/2008FDA Lawyer Ivan Wasserman to Speak at Colorado Bar Association/CLE Advertising Law Conference
    06/26/2008Manatt Partner, Ivan Wasserman and Manatt Associate, Svetlana Walker to speak at the Food and Drug Law Institute Conference
  • Related Practices

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