Consumer products are subject to a large body of federal, state, and international regulations—from development, testing, and compliance to transportation, labeling, marketing, and end-of-life disposal.
Beveridge & Diamond works with U.S. and multinational companies that make, distribute, transport, or sell consumer products—including those classified as or containing hazardous materials—in a hyper-competitive and evolving consumer goods market. We help them identify, understand, and comply with complex regulatory requirements throughout the product lifecycle.
For more than forty years, our lawyers have guided companies, providing the right level and right combination of legal expertise, to ensure that they have all the information and tools they need to meet the specific consumer product regulations required for their enterprise. In particular, we have been advising companies for decades on hazard communications for consumer, commercial, and industrial products under the Federal Hazardous Substances Act (FHSA).
A patchwork quilt of product regulation
Consumer products are regulated by the Consumer Products Safety Commission (CPSC) under numerous statutes, as well as by the Federal Trade Commission (FTC), the Environmental Protection Agency (EPA), the Toxic Substances Control Act (TSCA), the Occupational Safety and Health Administration (OSHA), the Lacey Act, and other federal agencies and laws.
Products are additionally subject to scrutiny under state statutes such as California’s Proposition 65 and the Transparency in Supply Chains Act, as well as non-U.S. legislation, including the European Union’s Restriction of Hazardous Substances (RoHS) Directive and Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) program.
Comprehensive legal and compliance support
B&D provides consumer product legal services in a cost-effective manner to manufacturers, importers, distributors, retailers, and other companies along the product distribution chain. Representative products include: pesticides, insecticides, and other chemicals and chemical-based products; electronics and lithium batteries; foods and beverages; household, beauty, and personal hygiene products; automotive components; toys; printers and printing supplies; wood products; and pharmaceuticals, just to name a few.
We help clients comply with these various regulations throughout all phases of the product life cycle in matters that include:
- Product design and strategic planning
- Product development
- Pre-market review and product registration
- Product advertising and marketing claims
- Product manufacturing, including third party certification requirements
- Ongoing regulation of existing products
- Product content restrictions
- Product hazards reporting and communication requirements
- Product recalls, returns, and reverse distribution
- Product storage, transportation, and distribution
- Non-governmental considerations, such as product stewardship and recycling
- Regulatory advocacy, citizen suits, toxic torts, and other litigation