Consumer product recalls can adversely affect your brand reputation and longevity, and managing recall-related challenges has grown increasingly difficult over time. As products under investigation become more complex and regulators around the globe adopt a zero-tolerance approach to potential defects that could result in significant consumer harm, it is vital to tap a skilled, experienced team to help you properly manage the recall process and achieve long-term success.
Our diverse group of consumer protection lawyers provides a focused, practical, cross-border understanding of product recall safety and regulatory compliance. Our primary goal is to help you identify and address regulatory risks and effectively manage the recall process with relevant recall authorities, while minimizing any negative impact on your brand and corporate reputation.
Drawing on substantial global experience in managing and coordinating consumer product recalls, our process includes analyzing the root cause of the recall, promptly notifying and coordinating with multiple global regulators, formulating interim and final solutions, developing proper messages to consumers, responding to potential false claims from competitors and defending consumer class actions when needed.
We have handled recalls in rapidly evolving industries, along with recalls involving complex products that require highly advanced and technical root cause analysis, documentation and careful coordination with regulators. This breadth and depth of experience equip us to guide you through new regulations for cutting-edge technologies.
Our recall lawyers routinely work with agencies throughout the United States, the European Union and Asia Pacific, including the US Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA) and other counterparty agencies around the globe.
We provide skilled legal counsel on a variety of consumer product safety issues, including:
- Complying with the legal and practical requirements of the US Consumer Product Safety Act
- Navigating the “Fast Track Recall Program” operated by the CPSC
- Navigating recall notifications via EU’s Rapid Exchange of Information System (RAPEX)
- Managing recall processes with relevant EU member state regulators (if needed)
- Developing proactive, consistent and positive consumer messages in relation to pending product recalls
- Working with technical experts to conduct a proper root cause investigation and to develop proper documentation for presentation to relevant consumer agencies
- Preparing proper announcements of consumer product recalls in multiple jurisdictions
- Coordinating recall advocacy efforts with key global consumer recall authorities, including the Australian Competition and Consumer Commission (ACCC) and the Ministry of Economy, Trade and Industry (METI)
- Establishing processes to identify, locate and trace affected products under announced recalls
- Providing proper communication and notice to consumers, as well as safeguarding your image
- Resolving warranty, indemnification, insurance and settlement issues with consumers, subcontractors, suppliers and other third parties
- Defending claims of consumer damages or class action litigation in the US and elsewhere
- Communicating with US and international regulators on product adherence and developing proactive strategies
- Handling emergency response guides and affixing product safety labels, along with American National Standards Institute (ANSI)-compliance warning signs
We are also ideally positioned to assist you with national or international investigations, civil litigations or class actions related to product recalls. Our team can seamlessly guide you through highly publicized product safety litigations, and our lawyers are skilled at defending lawsuits that arise under both federal and state statutes such as the Consumer Legal Remedies Act in California, among others.