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Consumer markets

Contacts

Meet the team

Our consumer products team offers more than 30 years of experience in all aspects of product safety and regulatory compliance issues, as well as defense of enforcement proceedings and consumer class actions.

Our team serves a diverse clientele in a wide array of industries, including:

  • apparel
  • automotive equipment
  • chemicals
  • children’s products
  • cosmetics
  • drugs, devices, and medical supplies
  • electronics and technology
  • floor care
  • food and nutritional supplements
  • household appliances
  • housewares and tableware
  • jewelry
  • lawn and garden equipment
  • office supplies
  • pesticides
  • power tools
  • sporting goods

We deliver

For product safety concerns that converge across borders or relate to unique local laws, we present a leading global solution for manufacturers, distributors and retailers.

Whether clients require assistance with product specifications for import or defense of a consumer class action, our consumer products lawyers understand the challenges presented by supply chain dynamics and an ever-changing regulatory landscape.

Our work includes

Consumer products

  • handling extensive product regulatory compliance with product manufacturers, distributors, and retailers on a variety of regulatory compliance matters, which includes developing, auditing, and augmenting compliance programs; assessing compliance requirements for new products and new markets; reporting and conducting recalls; and representing clients before regulatory bodies in various contexts, including rulemaking
  • handling substantial California Proposition 65 experience, including designing and implementing client compliance programs, defending enforcement actions brought by public and private prosecutors, and regulatory and legislative activities
  • assisting on federal, state, and international chemical and pesticide regulatory issues, including pesticide registration compliance and enforcement (both EPA and California), developing compliance approaches to state chemical and pesticide regulations, and compliance with TSCA and REACH
  • representing consumer class actions under various state laws, including California’s Consumer Legal Remedies Act, the New Jersey Consumer Fraud Act and Florida’s Deceptive and Unfair Trade Practices Act, handling these cases in both state and federal courts across the country
  • advising on the ever-increasing number of product stewardship and green chemistry programs on the federal and state level, including traditional command-and-control regulations, take-back programs and end-of-life management, efficiency standards, and chemical management.

Product regulatory compliance

  • advising clients in developing compliance programs for CPSIA testing and certification, including reasonable testing programs, and periodic testing plans for children's products
  • advising clients in product defect reporting and recalls and representing them before CPSC in negotiating recalls and enforcement actions
  • working with several retailers on product packaging and labeling for private label goods, including statements of identity and quantity and country of origin for imported goods
  • auditing a global product manufacturer’s product safety programs and making recommendations for consistency and best practices to capture information and report potential product defects

California Proposition 65

  • defending  two major retailers in a lengthy court trial that was the first to address retailer liability under Proposition 65, obtaining a defense judgment for both clients on claims related to lead in cosmetics
  • representing numerous clients in industry-wide enforcement actions over lead and phthalates in a variety of consumer products, including fashion accessories, footwear, jewelry, clothing, tools, foods, and toys
  • obtaining one of the earliest safe use determinations ever issued under Proposition 65 by the California agency

Chemical and pesticide regulation

  • advising clients on payment of California mill taxes for pesticide products and in resolving enforcement actions over alleged improper distribution of pesticides without registration
  • assisting manufacturers and component suppliers with REACH compliance, including chemical registration and applicability determination for articles
  • product labeling and marketing review for assessment of public health claims and compliance with EPA Treated Article Exemption

Consumer class actions

  • representing a manufacturer of over-the-counter homeopathic products in multiple state and federal court class action lawsuits brought under the CLRA, UCL and FAL, alleging that the client misrepresented the efficacy of its products, including one matter tried to a defense verdict
  • defending an olive oil importer and a grocery retailer in a series of class actions alleging that their extra virgin olive oils fail to meet standards and are improperly labeled as to country of origin
  • defending a grocery retailer in class actions regarding alleged non-compliance with FDA labeling requirements for its private label products
  • defending a medical device manufacturer in a class action alleging that it misrepresented the quality of its devices

Product stewardship and green chemistry

  • advising clients in compliance with and defending enforcement of California state and local VOC regulations applicable to consumer products and architectural coatings
  • advising clients on the development of paint and architectural coatings fee program in California
  • assisting trade association with the development and implementation of California’s Green Chemistry regulation
  • counseling clients on compliance solutions for US Department of Energy and California appliance efficiency requirements, including representation of client in DOE enforcement action

Awards and accolades

  • Best Lawyers listed seven of our lawyers as being among the Best Lawyers in America for environmental law; Best Lawyers, 2016
  • Best Law Firms, Tier 1 national rankings for the following litigation categories: antitrust, appellate bankruptcy, commercial litigation, environmental, ERISA, intellectual property, mass tort/class actions – defendants, and patent, US News & World Report and Best Lawyers, 2016
  • Chambers USA ranked two Los Angeles lawyers as being among the top lawyers in California; Chambers and Partners, 2016
  • Best Law Firms, Tier 1 national rankings for environmental law and environmental litigation, US News & World Report and Best Lawyers, 2016
  • Thomson Reuters Los Angeles lawyers as “Southern California Rising Stars” for the past three years; Thomson Reuters, 2012-2015