Overview
Our Children's Products attorneys offer extensive experience in the consumer and juvenile products industry. On behalf of clients, we evaluate product warnings and labels for compliance with regulations established by the Consumer Product Safety Commission (CPSC) and other government agencies, provide preventative risk management strategies, protect intellectual property rights, consult on truth in advertising laws, provide guidance on product recalls, and defend product liability claims in connection with consumer and children's products.
Through our "Children's Products: From Idea to Production" program, we help new enterprises position themselves for success and growth by helping them structure their new company and develop sound governance practices.
Experience
We represent manufacturers and retailers of juvenile products, including nursery furniture and related items, expansion gates and expandable enclosures, and other durable infant and toddler products. Our clients manufacture everything from infant feeding pillows, to diaper pails, to robotic animal toys. We have built strong partnerships with our clients across the country, gaining an in-depth understanding of their products and customers, and providing compliance advice on federal and state regulations as well as voluntary standards relevant to children's products. We deliver practical advice regarding the wording, placement and design of product warnings and labels. We also forge partnerships with other counsel, experts, and industry groups in the juvenile products industry.
We serve clients as trial counsel and national coordinating counsel in litigation in state and federal courts. We routinely serve as regional and local counsel. In addition to defending our clients in litigation, we also assist clients by consulting on:
- Product safety and loss prevention issues, including CPSC reporting requirements and other regulatory compliance.
- Compliance with product testing programs.
- The design and wording of instruction manuals, warranties, disclaimers, warnings and mandatory labels.
- Compliance with California Prop 65 (requiring warnings about hazardous chemicals in products).
- Compliance with the Consumer Product Safety Improvement Act (CPSIA) and other government regulations, as well as ASTM, ANSI, ISO and other standards.
- Trademark, copyright and patent search, advice and filing services.
- Business structure, form, organization and development.
- Financing from private and public sources (sources other than founders).
- Advertising, promotion and endorsement of products.
- Employee manuals, executive employment contracts, employee benefit plans, and stock option plans.
- Recall scope, procedure, reporting and communications.
Our attorneys are active in the industry and bar associations that serve our clients' interests, including:
- Juvenile Products Manufacturers Association (JPMA)
- International Consumer Products Health and Safety Organization (ICPHSO)
- ASTM Committee on Consumer Products, and the following subcommittees
- The Cribs, Toddler Beds, Play Yards, Bassinets, Cradles and Changing Tables Subcommittee
- The Toy Safety Subcommittee
- Crib Mattress Subcommittee
- Baby Monitors Subcommittee
- Juvenile and Children's Products Committee, Defense Research Institute (DRI)
- Product Liability Committee, DRI
- Trial Tactics Committee, DRI
- Women in the Law Committee, DRI
- Mass Torts Litigation Committee, American Bar Association (ABA)
- Products Liability Committee, ABA