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Our Product Compliance – Liability team helps clients to maximize their business growth and minimize risk by identifying and complying with legal requirements for products manufactured and distributed in the European Union.

We support businesses throughout their product’s lifecycle: from design and placement on the market to, where necessary, product recall. And our strong litigation capabilities allow us to guide our clients in the face of any product-related disputes that arise along the way.

We can also rely on a network of experienced local firms in other countries and this enables us to assist our clients with the different national legislative aspects that may concern them.

Representative Matters

Compliance Counseling

  • Assisted EU and U.S. manufacturers and importers of professional tools in the implementation in their operations systems and structures of new EU harmonized regulations and directives including CE marking requirements.
  • Assisted a U.S. manufacturer of wind turbines to identify the scope of its (product safety) obligations under the applicable EU harmonized rules (including the Machinery Directive).
  • Advised an electronics producer on product labeling and testing, including RoHS and WEEE requirements, for sale in the EU.
  • Advised a manufacturer of professional equipment on various specific issues related to EU harmonized legislation (including the Machinery Directive and the Electromagnetic Compatibility Directive).
  • Advised a chemical plant on the application of the F-Gas Regulation.
  • Assisted a U.S. manufacturer of automotive parts in identifying applicable EU harmonized regulations and directives for a product in development.
  • Assisted a U.S. electric vehicle manufacturer with the launch of a new model in the EU, including advice on end-of-life obligations; on authorized advertising through websites and on warranties and representations towards consumers and credit providers.
  • Assisted U.S. and EU toy manufacturers regarding the authorized chemical composition of their products.
  • Provided guidance to a footwear distributor, and to a special-events costumes online platform, regarding legal requirements for products under the General Product Safety Directive, REACH, and member state law.
  • Advised a tobacco manufacturer on the legal framework relating to the manufacturing, labeling, sale and advertising of tobacco products.

Corrective Actions & Litigation

  • Assessed the need for and coordinated corrective actions in the EU, including recalls and the negotiating of alternative measures for various types of product, including:
    • Professional electronic tools (Low Voltage Directive and RoHS)
    • Personal care products (General Product Safety Directive)
    • Toys (Toys Directive)
    • Tyres
  • Represented various clients in litigation relating to misleading advertising, comparative marketing, and unfair commercial practices in several sectors.
  • Represented manufacturers (e.g., of vehicles, professional food distribution systems, wind turbines, etc.), and their clients, in disputes related to alleged defects (and alleged related damages) of supplied products/performed works.

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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