Mintz Levin Establishes Practice Group Dedicated to Landmark Consumer Product Safety Commission Legislation

Responding to a landmark product safety bill that is expected to pass Congress this week and will substantially impact the way that retailers, importers and manufacturers do business, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. announced it has formed a dedicated Consumer Product Safety Commission (CPSC) Practice Group. The group, headed by product safety legal expert Chuck Samuels, is comprised of nearly a dozen practitioners across the firm’s Washington D.C., New York, Boston and California offices. The group includes experts in product liability litigation, insurance litigation and federal regulatory issues.

“Product safety is a critical issue and now, more than ever, must be a primary business concern for those involved at all levels of the supply chain -- from manufacturer to retailer -- and many of them are not even aware of it yet,” said Mr. Samuels, a Member practicing in the firm’s federal regulatory and legislative practice in Washington D.C. and head of the CPSC Practice Group.

The new legislation is the federal government’s response to the record-setting number of product recalls, particularly involving lead and children’s products, that have been issued in the past two years. It is designed to put more stringent controls and harsher penalties in place for manufacturers and importers of numerous consumer products.

Included in the legislation:

• Increased civil penalties from a present maximum of $1.8 million to $15million dollars.
• Enhanced criminal penalties for retailers, manufacturers, and importer executives and board members.
• Authority for state attorneys general to enforce federal product safety requirements through civil actions.
• Incentives for employee whistleblowers to file complaints with the US Department of Labor and file lawsuits.
• Increased public disclosure of complaints to the Commission about brand- identified consumer products and other safety regulations of the CPSC.
• New testing and certification requirements for importers.

Mr. Samuels has spent significant time over the last two decades before the CPSC representing The Association of Home Appliance Manufacturers (AHAM) and more than 30 manufacturers and retailers. In addition, he has been working full-time for nearly a year on this legislation on behalf of AHAM and with the National Association of Manufacturers.

Mintz Levin is an AmLaw 100 law firm with offices in the US and the UK. The firm has exceptional depth in a broad range of practice areas, but our clients recognize that what sets us apart from other law firms is our industry focus. By truly understanding business drivers and industry trends, we are able to provide our clients with more than just legal advice; we provide legal solutions to our clients' business issues. Since 1933, our lawyers have represented entrepreneurs, emerging growth companies, Fortune 500 companies, government agencies, not-for-profit organizations and leaders in primary industries that include Life Sciences/Biotechnology; Technology & Communications; Energy & Clean Technology; Financial Services & Insurance; Healthcare; Real Estate, Hospitality & Construction; and Retail & Consumer Products. Our practical knowledge combined with our industry expertise enables us to provide our clients with enterprise legal advice that gives their business a competitive advantage in the marketplace. For detailed information on the firm we invite you to visit www.mintz.com.