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Covington attorneys assist clients on the full range of issues relating to consumer product safety, from helping clients integrate safety standards into product design to litigating product liability matters.
We regularly advise clients regarding obligations to report potential product hazards to regulatory bodies, assist clients in product recall determinations and related strategic health and safety risk communications, and serve as defense counsel, national coordinating counsel and strategic advisors in national or multi-state liability actions. We also assist clients considering mergers and acquisitions in assessing potential product safety issues that may accompany the acquisition candidate. Products on which we have advised include gas heaters, chemical burners, a wheel cleaning product, motorized toys, bunk beds, rocking chairs, and combination candy-toy products for children.
Covington often represents product manufacturers in enforcement proceedings before the Consumer Product Safety Commission (CPSC) and other federal and state regulatory bodies. In several instances, we have been instrumental in convincing the CPSC that no product recall was required. Based on our extensive experience, we are very sensitive to and can provide advice regarding not only applicable substantive law, but also public perception impact.
Representative Matters
- Represented clients before the CPSC in negotiations and litigation related to compliance with statutory safety standards, including application of the Poison Prevention Packaging Act to packaging of over-the-counter medications to prevent access by children.
- Advised manufacturers and technology clients on compliance with the European Product Safety and Product Liability Directives.
- Represented companies and trade associations in the alcohol beverage industry for several decades defending against product liability claims by plaintiffs who claim that injuries suffered from their abuse of alcohol – ranging from cirrhosis to alcoholism to drunk driving crashes – are the fault of the alcohol companies. Virtually all of these cases have been dismissed on motions.
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