Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Cheryl A. Falvey

Cheryl A. Falvey

Cheryl A. Falvey is a partner in Crowell & Moring’s Washington, D.C. office. She provides litigation and counseling services, with a focus on consumer protection matters, including product safety, privacy, sweepstakes, promotions, and advertising. Cheryl concentrates on the defense of consumer class action, toxic tort, mass tort, and other tort claims arising out of consumer, occupational, and environmental exposures, as well as trade secret, intellectual property, and other technology litigation, representing clients in the food and beverage, consumer product, technology, energy and chemical industry sectors. Cheryl helps clients protect their brand and reputation, avoid liability in the marketing of their products, build safety into their products with science-based risk assessment, and successfully navigate product safety challenges with rapid response. Prior to joining Crowell & Moring, Cheryl served as the general counsel of the CPSC.

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CPSC Voluntary Recall Rule and the Impact on Disclosure of Manufacturer Self-reports Under Section 15(b)

Posted in Advertising & Product Risk Management
Far too often, we look at each rule an agency issues as a standalone rule impacting the specific stated regulatory objective. With regard to the long-awaited revisions to the U.S. Consumer Product Safety Commission’s Information Disclosure Rules under section 6(b) of the Consumer Product Safety Act, expected to be released shortly, all eyes will be… Continue Reading

CPSC Approves Publication of Proposed Voluntary Product Recall Rule

Posted in Advertising & Product Risk Management
On November 13, 2013, the U.S. Consumer Product Safety Commission (CPSC) voted 3-1 to publish notice of a proposed interpretive rule that would establish standards for voluntary product recalls, revising 16 CFR part 1115. As approved, the proposed rule, which originally focused on the form and content of recall notice, incorporates several substantive amendments introduced… Continue Reading

California Unveils Green Chemistry Initiative’s Candidate Chemicals Lists

Posted in Advertising & Product Risk Management, Environment & Natural Resources, Product Liability & Torts
A month in advance of its October 31, 2013 statutory deadline, California’s Department of Toxic Substances Control (DTSC) on September 26, 2013 released its preliminary lists of Candidate Chemicals under the state’s newly enacted Green Chemistry Initiative.  The Green Chemistry regulations, which officially took effect today, require certain “Priority Products” to go through a rigorous… Continue Reading

California Finalizes Green Chemistry Regulations

Posted in Advertising & Product Risk Management, Environment & Natural Resources
Retailers need to begin thinking right now about how they will handle their compliance obligations under the new Safer Chemicals Regulations in California, which go into effect on October 1, 2013.  Under the regulations, identified Chemicals of Concern will be paired with Priority Products and then Responsible Parties will be required to submit an alternatives… Continue Reading

Navigating the U.S. Market for Children’s Products: Guidance for Manufacturers of Infant and Toddler Products

Posted in Advertising & Product Risk Management
Products designed and manufactured for use by infants, toddlers and children must comply with legal requirements at both the federal and state level in order to be sold in the United States. Manufacturers can successfully enter the U.S. children’s product market if they identify what regulations apply to their products, what testing and certification and… Continue Reading

Legislative Proposal Announced to Repeal Requirement that Car Seats Contain Allegedly Hazardous Flame Retardant Chemicals

Posted in Advertising & Product Risk Management, Environment & Natural Resources
The Juvenile Products Manufacturers Association (JPMA) announced today a legislative proposal to ensure that car seats manufactured for sale in the United States no longer need to contain allegedly hazardous flame retardant (FR) chemicals. The bill, which will likely be introduced later this week, allows manufacturers the flexibility they need to build car seats that… Continue Reading

RCRA Challenges Faced by Retailers

Posted in Advertising & Product Risk Management, Environment & Natural Resources
Retailers face serious challenges in complying with their obligations under Resource Conservation and Recovery Act (“RCRA”) and other federal environmental statutes in light of the wide variety of retail products covered by EPA’s waste disposal regulations. EPA recently expressed its intent to consider future rulemaking under RCRA governing retail products unsold, returned, or removed from… Continue Reading

CPSC Proposed Significant Changes and New Obligations for Importers Relating to Certificates of Compliance

Posted in Advertising & Product Risk Management
Retailers face new challenges in certification of their products to CPSC regulations. Among other things, the new proposed CPSC rule would place the certification burden on private labelers and require that importers of regulated finished products manufactured outside of the United States file the required certificate electronically with U.S. Customs and Border Protection (CBP) at… Continue Reading