Beveridge & Diamond
 

Product Design and Strategic Planning

Beveridge & Diamond helps clients designing new products to see the “big regulatory picture” over the entire life cycle before making significant investments.  Our strategic insights enable clients to design their products and product stewardship programs in light of current and anticipated regulatory requirements and incentives, market pressures, corporate commitments, and environmental tort liability considerations.  We advise on green chemistry, health and safety issues, and environmental concerns for each stage of the supply chain and product life cycle.  In doing so, we help clients identify and reduce or eliminate constituents regarded as hazardous, incorporate recycled materials, reduce the product weight, make individual components readily removable to facilitate recycling, and reduce product liability risks.  We have advised and represented clients on:

  • New product design to avoid product content restrictions concerning:
    • The European Union’s limitations on the use of hazardous substances in electrical and electronic equipment (the “RoHS Directive”) and its counterparts around the world, and ways that electronic products could be modified to ensure compliance
    • Products that are sources of Volatile Organic Compound emissions, possibly leading to reformulation
    • Ozone-depleting substances and greenhouse gases as applied to future medical device product line
    • Lacey Act requirements prohibiting the sale of wood products derived from trees taken, possessed, transported, or sold in violation of U.S. (federal, state, local, or tribal) or foreign laws and strategic sourcing consideration
    • The current regulatory requirements and future regulatory outlook for alternative chemicals under consideration for use in a new line of consumer products
  • Development of innovative products with elevated recycled material content as part of a Supplemental Environmental Project agreed to as a partial substitute for penalties in an environmental enforcement matter.
  • The potential applicability of directives on RoHS, waste electric and electronic equipment (“WEEE”) and batteries, and other EU legislation to a new medical device.
  • Potential regulatory issues and liabilities associated with marketing the ash generated by a solid waste combustion facility as a product for use in road construction.