The U.S. Department of Energy (DOE) issued a Request for Information (RFI) last week soliciting comments no later than June 3, 2020, on possible revisions to the energy efficiency regulations for battery chargers. Understanding how both the existing regulatory regime and any proposed changes will impact a company’s battery chargers and related products is an
Cheryl A. Falvey
Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.
An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.
Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.
She represents clients on litigation and counseling matters regarding:
- Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
- Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
- Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
- Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children's Online Privacy Protection Act, the FTC's Green Guides, and state and federal privacy laws.
Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.
Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal's 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm's D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.
Recalls in Review: Dresser Tip-Over
Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.
The CPSC has been very clear that protecting children from dresser tip over is a top priority. The Commission actively monitors and tests furniture for compliance with stability standards, and frequently recalls products that present a tip over hazard. As of…
Executing Product Safety Recalls in the Age of COVID-19
In ordinary times, companies facing a product safety recall have numerous issues to navigate. These issues include deciding upon a remedy, mastering reverse logistics, and managing public relations. But today, as the country deals with COVID-19, new issues have emerged for companies facing recalls—interruptions in the supply chain precluding the obtainment of replacement product, retailers…
CPSC Acting Chairman Adler: Renew Unilateral Safety Warnings and Civil Penalties
Last week, we attended the annual conference of the International Consumer Product Health and Safety Organization (ICPHSO), where Robert Adler, Acting Chairman of the U.S. Consumer Product Safety Commission (CPSC) addressed the conference in his capacity as interim chairman of the agency. Acting Chairman Adler began his remarks by acknowledging that he is an…
Solving for Stupid: How Far Should the CPSC Stretch to Address Foreseeable Misuse?
As products liability lawyers, we spend our days focused on the nature and proof of defectiveness. The tort law recognizes limitations on claims that products have defects when there are obvious dangers and user conduct defenses (think drunk driving). Contributory negligence, whether from failure to follow instructions or warnings, reckless behavior, or frankly, deliberate misuse…
These Are a Few of Our Favorite IoT: NIST Finalizes Internet of Things Cyber Guidance
NIST has finalized Internet of Things (IoT) risk management guidance, which derived from a draft publication. The guidance informs government agencies how to understand and manage IoT risks throughout device lifecycles. Industry can anticipate government focus on three high-level goals:
- Device security;
- Data security; and
- Individual privacy.
The publication highlights three differences between…
Navigating the Definition of Consumer Product: How Broad is the CPSC’s Regulatory Reach?

- Is an escalator in a shopping mall a consumer product? The Consumer Product Safety Commission thinks so; here’s their recommendation on escalator safety and the use of soft soled shoes.
- Does the CPSC regulate the Internet of Things? To the extent networked products present safety risks, you bet they do. CPSC Commissioner Kaye has issued
…
New Technology is the New Wave in Consumer Protection: Is Your Company Ready?
As more organizations incorporate technology in newfound ways to increase efficiency and effectiveness, government agencies have done the same. Take, for instance, the CPSC’s new recall app, which makes recall information more accessible to consumers on their mobile devices. Now government agencies are looking towards companies to apply the latest technologies to protecting consumer…
Straightening Your CAP After a Recall – Tips for Following a Corrective Action Plan
Our clients often ask us what happens after a recall has been completed and what to expect from a visit from a regional CPSC inspector. We advise to be prepared to demonstrate what actions were taken regarding the Corrective Action Plan (CAP). The main purpose of the inspection appears to be to provide confirmation that…
Government Shutdown Does Not Postpone CPSC Product Safety Reporting Obligations
Do not assume a government shutdown means that reporting obligations at the CPSC are on hold. While the Commission’s staff designated as essential personnel are dedicated to protecting against substantial, immediate or “imminent threats to human safety” under the Commission’s shutdown directive[1], they will be reviewing reports to make that determination. The obligation…


