Background - Practices (Details)

Regulatory & Consumer Products

Crowell & Moring lawyers have extensive experience working with consumer product companies, guiding them through the numerous issues that arise during product design and manufacturing, through distribution, marketing, sale and post-purchase support. 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 the effective identification and management of risks.

Our regulatory and consumer products team is multidisciplinary and includes lawyers in all of the firm's offices. We have experience in all legal disciplines that play a role in the development, production and sale of consumer products, including torts, consumer protection, advertising, labeling, privacy and data protection, antitrust, environmental and health, international, and trade regulation. This broad knowledge enables us to provide a comprehensive and integrated approach to the full range of commercial and regulatory legal issues facing our clients.

Representative Engagements 

  • Advise a national mail service and Internet vendor of prescription drugs, medical supplies, and over-the-counter health products on application of federal and state privacy laws, Federal Trade Commission (FTC) and Federal Communications Commission (FCC) "Do Not Call" rules, the CAN-SPAM Act, and other regulatory and compliance matters.
  • Represent clients before the Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA), the U.S. 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 represent 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.
  • Represented a retailer in investigations by state attorneys general regarding product disclosures and qualification of customers.
  • Represented clients in connection with the three largest automotive-related recalls in U.S. history.
  • Represented 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.
  • Represented a Fortune 500 food retailer in one of the first GLO's (Group Litigation Orders) in England and Wales relating to an alleged product defect.
  • Represented 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.