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    Consumer Products

 

  • Consumer product entities must take proactive steps to protect their brands, particularly regarding consumer products regulated by any government.

 

  • Management of typical consumer products-related issues, such as: advertising; antitrust; beverages; brand protection; breach of contract; civil penalties; class actions; competition; consumer fraud; consumer messaging; consumer warranties; contracts management; copyrights; corrective actions; customs; data security; defamation; defective products; digital media marketing; direct-response marketing; disparagement; dispute avoidance and resolution; distribution; ecommerce; email marketing;  environmental; foods; gift cards; gift certificates; import-export; information governance; infringement; installation and service guides; intellectual property (IP); international trade; internet marketing; investigations; jurisdictional issues; labeling requirements; liability management programs; manuals; manufacturing; marketing; mass torts; minimum advertised pricing (MAP); patents; penalty proceedings; privacy; procurement of all required insurance; product development; product liability; product recalls; product safety programs; promotions; rebate programs; records management; regulatory change management; reputational risk management; reverse logistics; risk assessments; risk management; safety reviews; social media messaging; standards development; supply chain; telemarketing; trade dress; trade secrets; trademarks.

 

  • Compliance with relevant state, Federal and international laws, regulations, rules, standards, statutes, treaties, such as: the American National Standards Institute (ANSI); American Society for Testing and Materials (ASTM); Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Consumer Product Safety Act (CPSA); Consumer Product Safety Improvement Act (CPSIA); Consumer Product Safety Commission (CPSC) compliance, investigations and reporting; Customs and Border Protection (CBP); Drug Enforcement Administration (DEA); Food Allergen Labeling and Consumer Protection Act (FALCPA); Food and Drug Administration (FDA); Federal Trade Commission (FTC); International Organization for Standardization (ISO); Magnuson-Moss Warranty Act (MMWA); National Fire Protection Association (NFPA); unfair and deceptive acts and practices (UDAP) statutes.

 

  • Experience with the FTC guidelines regarding endorsements, "made in the USA" claims and truth in advertising.

 

  • Representation for CPSC investigations and for opposing stop sale orders by the CPSC Office of Compliance.

 

  • Compliance with the FALCPA list of food allergens (celery, cereals containing gluten – such as barley and oats, crustaceans – such as crabs, lobsters and prawns, eggs, fish, lupin, milk, mollusks – such as mussels and oysters, mustard, peanuts, sesame, soybeans, sulphur dioxide and sulphites – if at a concentration of more than ten parts per million, and tree nuts – such as almonds, brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pistachios and walnuts).

 

  • Consultation for identifying state, Federal and international laws, regulations, rules, statutes, treaties that apply to particular consumer products under different circumstances, and then providing a decision matrix for determining how, where and when each such regulation must be implemented.

 

  • Developed and implemented integrated cross-functional domestic and international product compliance, fraud, safety and recall teams throughout the enterprise, with a searchable global database and authored document templates, training materials and playbooks therefore.

 

  • Representation for CPSC and FDA penalty proceedings.

 

  • Developed and implemented corporate policies and reporting systems for documenting compliance with relevant state, Federal and international laws, regulations, rules, standards, statutes, treaties applicable to all consumer products manufactured or controlled by the enterprise, including documentation regarding internal and third-party testing and inspections of all such products, so that anyone anywhere within the enterprise could search for the complete information on each such particular product, and then generate the applicable compliance or conformity certificate.

 

  • Interfaced with government agencies, subcontractors, suppliers, vendors, representatives of consumers.

 

  • Provided training for employees and management regarding consumer products risk management and reputational risk management issues.

 

  • Obtained rulings and interpretations on exemptions regarding consumer products from government agencies.

 

  • Compliance with the CPSA Sections 15 and 37 safety reporting requirements regarding any information a manufacturer may receive that a product may create dangerous conditions when used by consumers.

 

  • Consultation regarding the conditions that might create a recall situation for a particular product, including CPSC requirements, logistics, public relations, reputation management and the like.

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    Last updated 20111_2222

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