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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.

View More

Commercial Lease Disputes During the Ongoing Pandemic: The Second Wave (September 15, 2021). Authors: Gregory D. Call, Tracy E. Reichmuth and Sigourney R. Haylock.
Publications
Recalls in Review: Recall Trends in 2021 (July 30, 2021). Authors: Carolyn W. Wagner, Colleen Johnson and Aryeh Mellman.
Publications
ESG from a European Perspective (June 8, 2021). Authors: Judith Bussé and Blanche Devos.
Publications
AG Alliance Highlights New Trends in Organized Retail Crime (May 24, 2021). Authors: Michael Yaghi and Carissa Wilson.
Publications
"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
Client Alert/Newsletter
"Website Wars: Eleventh Circuit Rules in a Split Decision That Websites are Not Public Accommodations for Purposes of the Americans With Disabilities Act," (April 20, 2021). Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Rachel Lesser
Client Alert/Newsletter
"Made in USA Settlement for Chinese Imports," Advertising & State AG Alert (April 15, 2021). Contacts: Lauren Aronson, Holly A. Melton, Preetha Chakrabarti, Tiffany Aguiar
Client Alert/Newsletter
Harmonized Approach to Rulemaking: FTC Announces New Rulemaking Group (April 2, 2021). Authors: Christopher A. Cole and Siri Rao.
Publications
"Deep Sixed: Federal Circuit Boots Trademark Licensee for Meritless Claims Against U.S. Army," IP Insights (March 8, 2021). Contacts: Jonathan M. Baker, Anne Elise Herold Li, John E. McCarthy Jr., Nicole Owren-Wiest, Preetha Chakrabarti, Carissa Wilson
Client Alert/Newsletter
"Virginia Consumer Data Protection Act (S.B. 1392)," Privacy Law Alert (March 3, 2021). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Jeffrey L. Poston, Jarno Vanto, CIPP/E, CIPP/US, Evan D. Wolff, Maida Oringher Lerner
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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