Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Scott L. Winkelman

Scott L. Winkelman

Scott L. Winkelman is a partner in the firm, co-chair of the Environment, Energy and Resources Group, and a member of the firm’s Management Board and Executive Committee. He litigates class actions, multidistrict proceedings, and other complex litigation nationwide in products and commercial matters. Scott also represents clients in proceedings before the National Highway Traffic Safety Administration, the Consumer Product Safety Commission and related regulatory bodies, and counsels clients on liability prevention, records management, and commercial contract and warranty matters.

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CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation

Posted in Advertising & Product Risk Management, Product Liability & Torts
On June 7, the U.S. Consumer Product Safety Commission provided administrative law followers a fascinating case study. For the first time in two decades, the CPSC’s five Commissioners heard an appeal put on by CPSC staff in administrative litigation. In its appeal, the staff seeks to overturn an administrative law judge’s opinion finding that Zen… Continue Reading

Update: Class Action Reform Bill Passes House 220-201

Posted in Consumer Class Action
Last month, our colleague Joshua Foust analyzed the then-newly introduced Fairness in Class Action Litigation Act of 2017.  The bill, sponsored by House Judiciary Chairman Bob Goodlatte (R-VA), amends procedures used in federal court class action and mass tort litigation.  Last week, on March 9, just one month after Chairman Goodlatte (R-VA) introduced the bill,… Continue Reading

Webinar: The Safety Agencies in Transition – What to Expect at FDA, CPSC and NHTSA in the First 100 Days

Posted in Events
Join Us for a Webinar – Thursday, March 30, 2017 1:00 – 2:00 p.m. Eastern Aggressive enforcement, massive recalls and proactive safety agendas left an indelible impression on the product safety world under the Obama administration. Product safety is no longer a bipartisan affair. But what will the Trump administration mean for your regulatory compliance… Continue Reading

Paper Warranties a Thing of the Past?

Posted in Product Liability & Torts
On Tuesday, September 8, 2015, the House passed the E-Warranty Act of 2015, which, if enacted, would require the FTC to revise the Magnuson-Moss Warranty Act to allow manufacturers to satisfy the Act’s requirements by digitally posting consumer product warranties on their websites. The E-Warranty Act would permit manufacturers to provide warranty information online only, if… 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