Retail: Regulatory and Consumer Products
Crowell & Moring lawyers have extensive experience working with consumer product companies and guiding them through the issues that arise as those products are first conceived in design through manufacturing and after they leave the factory doors and make their way to end users. We work with clients to maximize the value of their products and their brands at every step of the product's lifecycle and distribution chain – and to minimize unpleasant surprises, whether they come from litigation, adverse regulatory action, or damage to brand value through identifying and managing risks.
Our regulatory and consumer products team includes lawyers across all office locations and is multi-disciplinary so that we bring expertise in the wide range of necessary legal fields this work requires – including torts, consumer protection, advertising, labeling, privacy and data protection, antitrust, environmental and health, international, and trade regulation among others. This enables us to handle the full range of commercial and regulatory legal issues facing our clients in a comprehensive and integrated approach.
Representative matters in the retail industry include:
- Represent national mail service and Internet vendor of prescription drugs, medical supples and over-the-counter health products on application of federal and state privacy laws, the FTC and FCC "Do Not Call" rules, the CAN-SPAM Act and other regulatory and compliance matters.
- Representation of clients before the Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA), the Federal Trade Commission (FTC), the Food and Drug Administration (FDA), the Department of Transportation (DOT), the Environmental Protection Agency (EPA), Customs and Borders Protection (CBP), the European Commission, and other product-related federal, state and international agencies.
- Provide strategic advice to retailers regarding advertising initiatives and content, and represented clients before the National Advertising Division of the Council of Better Business (NAD).
- Defend class actions, other mass actions, and "one-off" product liability litigation in federal and state courts nationwide.
- Representation of a retailer in investigations by state attorneys general regarding product disclosures and qualification of customers.
- Representation of clients in connection with the three largest automotive-related recalls in U.S. history.
- Representation of a Fortune 500 retailer in investigations and prosecutions brought by the Local Authority Trading Standards Department with regard to general health and safety issues, and in a prosecution brought by an Environmental Health Officer concerning use of chemicals.
- Representation of a Fortune 500 food retailer in one of the first GLO's (Group Litigation Orders) in England and Wales relating to alleged product defect.
- Representation of one of the largest online retailers for consumers worldwide in connection with EU customs and regulatory issues with respect to selling products in the EU market.
- Advised a Fortune 500 retailer on safety and occupational health policies and procedures relating to staff welfare with particular focus on driving in the course of employment and personal protective equipment.
[Also see: Crowell & Moring's Product Risk Management Practice]