Matthew Cohen is a counsel in the firm’s Washington, D.C. office, where he practices in the Mass Tort, Product, and Consumer Litigation and Product Risk Management groups.
Matthew advises companies of all sizes on consumer product and motor vehicle and equipment compliance and enforcement issues before the United States Consumer Product Safety Commission (CPSC), National Highway Traffic Safety Administration, the Federal Trade Commission, U.S. Congress, individual states, and Health Canada. He also litigates complex commercial, mass tort, and product-related disputes in both state and federal courts. In 2014-2020, Matthew was selected by his peers as a "Washington, D.C. Super Lawyers Rising Star" for business litigation.
Matthew regularly counsels clients on compliance with consumer product safety statutes, regulations, and standards, including the Consumer Product Safety Act (CPSA), Consumer Product Safety Improvement Act of 2008, Federal Hazardous Substances Act, and Poison Prevention Packaging Act. He advises companies on navigating product safety reporting obligations under Section 15(b) of the CPSA, recalls and other corrective action plans, product safety investigations, civil penalties, internal compliance programs and trainings, FOIA requests, and consumer reports filed on the CPSC’s safer products database. As a product safety lawyer, Matthew represents manufacturers, importers, and retailers, including those in the following industries: children’s products, home appliances micromobility products, electrical equipment and component parts, furniture, and promotional products, among many others.
Similarly, Matthew’s automotive industry practice includes the representation of both manufacturers and suppliers in product defect, warranty, and contract claims, as well as counseling on motor vehicle and equipment safety regulatory issues involving the U.S. National Highway Traffic Safety Administration (NHTSA). Matthew is also a leader in the firm’s Autonomous Vehicles Practice, where he represents leading global manufacturers of self-driving cars and trucks, makers and sellers of vehicle component parts, and related technology developers.
In addition to his robust product, motor vehicle, and vehicle equipment safety counseling practice, Matthew also counsels corporate clients in complex business litigation in federal and state courts and before governmental agencies. He has extensive experience defending clients in mass tort, product liability, unfair/deceptive trade practices, trade secrets, and commercial contract disputes, among others.
Matthew is proud to support his local community as an elected Advisory Neighborhood Commissioner (ANC) for the District of Columbia. ANC’s advise the District on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, and safety in the neighborhood commission area. Before attending law school, Matthew served in the Policy & Government Affairs Department of the American Israel Public Affairs Committee (AIPAC) in Washington, D.C.
Recognition
- Legal Aid Society: Klepper Prize for Volunteer Excellence in work representing tenants, 2022
- JD Supra: Readers’ Choice Awards,Top Author on Product Liability, 2016 – 2017
- Washington, DC Super Lawyers: Rising Star – Business Litigation, 2014 – 2020
Affiliations
Professional Activities and Memberships
- Member, Law360 Product Liability Editorial Advisory Board, 2019-2020, 2020-2021
Speeches & Presentations
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"2023 CPSC Update" SPSP Webinar
(January 18, 2023).
Speaker: Matthew Cohen.
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"The Consumer Product Safety Commission—An Agency in Transition," Crowell & Moring Webinar
(March 30, 2021).
Presenters: Cheryl A. Falvey and Matthew Cohen.
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"CPSC, Health Canada, and Litigation Update," AHAM 2018 Product Safety & Liability Seminar, Washington, D.C.
(September 18, 2018).
Speaker: Matthew Cohen.
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“Developments under the Consumer Product Safety Act and Consumer Litigation,” HCPA’s IMPACT2018 Mid-Year Meeting, Washington, D.C.
(May 17, 2018).
Presenters: Cheryl A. Falvey and Matthew Cohen.
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"AV Quarterback Session," Crowell & Moring, Washington, D.C.
(May 8, 2018).
Presenters: Crowell & Moring Autonomous Vehicles Team.
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“ICPHSO and Product Safety: A Travel Through Time,” 2018 ICPHSO Annual Meeting & Training Symposium, Orlando, FL
(February 21, 2018).
Presenter: Matthew Cohen.
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"Update on Developments in Advertising Law and Consumer Protection," BAA Legal Affairs Committee Webinar
(May 25, 2017).
Presenters: Matthew Cohen, Lauren Aronson, Danielle Rowan, and Chalana N. Williams.
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"The Safety Agencies in Transition – What to Expect at FDA, CPSC, and NHTSA in the First 100 Days," Crowell & Moring Webinar
(March 30, 2017).
Presenters: Cheryl A. Falvey, John Fuson, Matthew Cohen, Scott L. Winkelman, Lauren Bell, Daniel T. Campbell, and Rebecca Baden Chaney.
Publications
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"CPSC Enforcement Trend: Unilateral Press Releases," Crowell & Moring’s Retail & Consumer Products Law Observer
(October 13, 2022).
Author: Matthew Cohen.
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"“Wiping the Slate Clean”— CPSC Commissioners Signal Higher Penalties to Come in Wake of Vornado Penalty Resolution," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 12, 2022).
Authors: Cheryl A. Falvey, Matthew Cohen and Jessica D. Gilbert.
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"Senate Confirms Mary Boyle to CPSC; Democrats Reclaim Majority," Crowell & Moring’s Retail & Consumer Products Law Observer
(June 24, 2022).
Author: Matthew Cohen.
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"President Biden Signs Safe Sleep Act, Banning Infant Inclined Sleepers and Crib Bumpers," Crowell & Moring’s Retail & Consumer Products Law Observer
(May 18, 2022).
Author: Matthew Cohen.
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"CPSC Insights – December 2021," Crowell & Moring’s Retail & Consumer Products Law Observer
(January 10, 2022).
Authors: Matthew Cohen and Aryeh Mellman.
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"CPSC Insights – November 2021," Crowell & Moring’s Retail & Consumer Products Law Observer
(December 1, 2021).
Authors: Matthew Cohen and Aryeh Mellman.
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"Senate Confirms Trumka Jr. for Consumer Product Safety Commission; Adler to Retire After Twelve Year Run as Commissioner and Lifetime of Service to Agency," Crowell & Moring’s Retail & Consumer Products Law Observer
(November 18, 2021).
Author: Matthew Cohen.
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"CPSC Insights – October 2021," Crowell & Moring’s Retail & Consumer Products Law Observer
(November 1, 2021).
Author: Matthew Cohen.
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"Senate Confirms Hoehn-Saric as Chairman of CPSC," Crowell & Moring’s Retail & Consumer Products Law Observer
(October 13, 2021).
Author: Matthew Cohen.
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"CPSC Insights – September 2021," Crowell & Moring’s Retail & Consumer Products Law Observer
(September 30, 2021).
Author: Matthew Cohen.
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"Product Recall Notification Legislation Reintroduced in Congress," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 16, 2021).
Authors: Cheryl A. Falvey, Matthew Cohen and Jessica D. Gilbert.
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"Breaking: Hoehn-Saric and Boyle Nominated to CPSC; Democratic Majority in Sight," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 6, 2021).
Author: Matthew Cohen.
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"CPSC Acting Chairman Adler to ICPHSO: Caretaker No More!" Crowell & Moring’s Retail & Consumer Products Law Observer
(March 1, 2021).
Authors: Matthew Cohen and Carolyn W. Wagner.
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"Cybex Civil Penalty at CPSC Confirms Return of Enforcement Tool," Crowell & Moring’s Retail & Consumer Products Law Observer
(February 12, 2021).
Author: Matthew Cohen.
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Micromobility Whitepaper
(December 17, 2020).
Authors: Cheri Falvey, Scott Winkelman, Rebecca Chaney, Carolyn Wagner, Matt Cohen, Mariam Sarwar, Colleen Johnson
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"Lithium Batteries: Mitigating Risks and Executing Recalls When Needed," Crowell & Moring’s Retail & Consumer Products Law Observer
(October 16, 2020).
Authors: Matthew Cohen, Cheryl A. Falvey and Jennifer A. Giblin.
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"Product Safety Regulations for Electric Bikes and Scooters," Crowell & Moring’s Retail & Consumer Products Law Observer
(August 7, 2020).
Author: Matthew Cohen.
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"Partisan Overtones Dominate Senate Confirmation Hearing for CPSC Chair Nominee Dr. Nancy Beck," Crowell & Moring's Retail & Consumer Products Law Observer
(June 17, 2020).
Authors: Matthew Cohen and Byron R. Brown.
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"Executing Product Safety Recalls In The Age of COVID-19," Law360
(April 16, 2020).
Authors: Cheryl A. Falvey, and Matthew Cohen.
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"Fireman's Rule Could Guard Against COVID-19 Product Claims," Law360
(April 14, 2020).
Authors: Scott L. Winkelman, Matthew Cohen, and Rachel Raphael.
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"Executing Product Safety Recalls in the Age of COVID-19," Crowell & Moring's Retail & Consumer Products Law Observer
(March 30, 2020).
Authors: Cheryl A. Falvey and Matthew Cohen.
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"Breaking: Trump Nominates Dr. Nancy Beck of EPA to Lead CPSC," Crowell & Moring's Retail & Consumer Products Law Observer
(March 4, 2020).
Author: Matthew Cohen.
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"CPSC Acting Chairman Adler: Renew Unilateral Safety Warnings and Civil Penalties," Crowell & Moring's Retail & Consumer Products Law Observer
(February 28, 2020).
Authors: Matthew Cohen, Cheryl A. Falvey and Carolyn W. Wagner.
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"Managing Products: A Consumer Safety Complaint Checklist," Crowell & Moring's Retail & Consumer Products Law Observer
(January 8, 2020).
Authors: Matthew Cohen and Carolyn W. Wagner.
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"Solving for Stupid: How Far should the CPSC Stretch to Address Foreseeable Misuse," Crowell & Moring's Retail & Consumer Products Law Observer
(December 11, 2019).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
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"What To Expect As A Democrat Takes The Reins At The CPSC," Law360
(October 3, 2019).
Author: Matthew Cohen.
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"Breaking: Democrat Robert Adler to Take Helm of Product Safety Agency," Crowell & Moring's Retail & Consumer Products Law Observer
(September 16, 2019).
Author: Matthew Cohen.
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"Buerkle Withdraws Her Nomination to Lead Product Safety Agency," Crowell & Moring's Retail & Consumer Products Law Observer
(June 20, 2019).
Authors: Rachel Raphael and Matthew Cohen.
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"DOJ Indicts Two Executives for Failing to Report under Consumer Product Safety Act (CPSA)" Crowell & Moring's Retail & Consumer Products Law Observer
(April 2, 2019).
Author: Matthew Cohen.
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"Trump Renominates Buerkle to Lead CPSC: Third Time’s a Charm?" Crowell & Moring's Retail & Consumer Products Law Observer
(January 22, 2019).
Author: Matthew Cohen.
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"Senate Confirms Peter Feldman to CPSC; Republicans Gain 3-2 Majority," Crowell & Moring's Retail & Consumer Products Law Observer
(October 2, 2018).
Authors: Matthew Cohen and Carolyn W. Wagner.
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"Peter A. Feldman Nominated to CPSC; Republican Majority in Sight," Crowell & Moring's Retail & Consumer Products Law Observer
(June 6, 2018).
Author: Matthew Cohen.
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"Democrats Lose Voting Majority at CPSC with Baiocco Confirmation," Crowell & Moring's Retail & Consumer Products Law Observer
(May 22, 2018).
Author: Matthew Cohen.
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"Check Your Spam Filters!: CPSC Has Automated FOIA Communications," Crowell & Moring's Retail & Consumer Products Law Observer
(May 9, 2018).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
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"President Nominates Attorney Dana Baiocco to Consumer Product Safety Commission," Crowell & Moring's Retail & Consumer Products Law Observer
(September 22, 2017).
Authors: Chalana N. Williams and Matthew Cohen.
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"CPSC Targets Retailer Home Depot in Rare Sale of Recalled Goods Civil Penalty," Crowell & Moring's Retail & Consumer Products Law Observer
(September 7, 2017).
Author: Matthew Cohen.
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"Government Blocks Companies from Importing and Selling Children’s Products after Alleged Non-Compliance with Product Safety Laws," Crowell & Moring's Retail & Consumer Products Law Observer
(August 23, 2017).
Authors: Cheryl A. Falvey and Matthew Cohen.
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"President Trump Nominates CPSC Acting Chair Buerkle to Serve as Permanent Chair," Crowell & Moring's Retail & Consumer Products Law Observer
(July 26, 2017).
Author: Matthew Cohen.
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"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation," Crowell & Moring's Retail & Consumer Products Law Observer
(June 13, 2017).
Authors: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen and Carolyn W. Wagner.
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"CPSC Withdraws Material Misrepresentation Claim against Michaels Stores in Shattered Vases Case," Crowell & Moring's Retail & Consumer Products Law Observer
(April 24, 2017).
Authors: Matthew Cohen, Rukiya Mohamed and Stephanie L. Crawford.
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"CPSC Announces Second Civil Penalty Of Year," Crowell & Moring's Retail & Consumer Products Law Observer
(April 14, 2017).
Authors: Cheryl A. Falvey and Matthew Cohen.
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"CPSC Acting Chair Buerkle Announces Top Priorities at Product Safety Conference," Crowell & Moring's Retail & Consumer Products Law Observer
(February 27, 2017).
Authors: Matthew Cohen and Carolyn W. Wagner.
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"Commissioner Ann Marie Buerkle Becomes Acting Chair at CPSC," Crowell & Moring's Retail & Consumer Products Law Observer
(February 10, 2017).
Authors: Cheryl A. Falvey and Matthew Cohen.
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"Understanding The CPSC's Big Win Against Spectrum Brands," Law360
(December 16, 2016).
Co-Author: Matthew Cohen.
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"CPSC Civil Penalties: A Divide Along Party Lines," Law360
(June 14, 2016).
Co-Author: Matthew Cohen.
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"When Does A CPSC Late Reporting Violation First Accrue?" Law360
(May 12, 2016).
Co-Author: Matthew Cohen.
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"2 CPSC Consent Decrees Could Be Influential Outliers," Law360
(October 21, 2015).
Co-Author: Matthew Cohen.
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"Toy Safety Regulation Should Be Left To The Federal Gov't," Law360
(June 23, 2015).
Author: Matthew Cohen.
Client Alerts & Newsletters
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"Silence Isn’t Golden: Failure to Report Consumer Product Safety Issues Results in Rare $91 Million Criminal Penalty,"
Mass Tort, Product, and Consumer Litigation Alert
(November 5, 2021).
Contacts: Cheryl A. Falvey, Matthew Cohen, Rukiya Mohamed
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"Biden’s First 100 Days: Developments to Date and What Lies Ahead,"
Administrative Law Alert
(May 7, 2021).
Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn, Kate Beale
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"New Bills Seek to Repeal Controversial Provision of Product Safety Act,"
Administrative Law Alert
(April 28, 2021).
Contacts: Cheryl A. Falvey, Matthew Cohen, Jessica D. Gilbert
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"Recent Happenings in Advertising & Product Risk Management – February 2018,"
Advertising & State AG Alert
(February 26, 2018).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Helen O. Ogunyanwo
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"Recent Happenings in Advertising & Product Risk Management – December 2017,"
Advertising & State AG Alert
(December 20, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Rebecca Baden Chaney, Robbie Rogart Jost, Kate M. Watkins, Rukiya Mohamed
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"Recent Happenings in Advertising & Product Risk Management – October 2017,"
Advertising & State AG Alert
(October 3, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Preetha Chakrabarti
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"DOT and NHTSA Release New “2.0” Guidance for Automated Vehicles,"
(September 14, 2017).
Contact: Matthew Cohen
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"Recent Happenings in Advertising & Product Risk Management – July 2017,"
Advertising & State AG Alert
(July 25, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
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"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation,"
Advertising & State AG Alert
(June 13, 2017).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen, Rebecca Baden Chaney
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"Recent Happenings in Advertising & Product Risk Management – May 2017,"
Advertising & State AG Alert
(May 17, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
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"Recent Happenings in Advertising & Product Risk Management – March 2017,"
Advertising & State AG Alert
(March 27, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
Press Coverage
Firm News & Announcements