Product Law Group is highly adept at handling enforcement actions brought by the U.S. Environmental Protection Agency (EPA) as well as the California Department of Pesticide Regulation (CDPR), the California Energy Commission (CEC) Appliance Efficiency Program, the California Air Resources Board (CARB), and CalRecycle. Examples include:

• Successfully resolving a major EPA enforcement action involving alleged unregistered and misbranded pesticide sales for a Fortune 50 retailer, including negotiation and design of a Supplemental Environmental Project (SEP);
• Advising and defending a major chemical distributor in a California DPR pesticide mill tax audit and pesticide enforcement action; and,
• Defending companies in CARB enforcement actions under the California Consumer Product VOC Regulations.

PLG helps product manufacturers and importers navigate mandatory CPSC reporting and product recalls with minimal expense or business disruption. This includes advocacy and strategic advice related to federal and state consumer product safety laws, such as those applicable to children’s products, furniture, apparel and sleepwear, sporting goods, tools, cleaning products, paint, toys, art supplies, durable infant and toddler products, and many more.

Areas of PLG work under the federal Consumer Product Safety Commission (CPSC) administered statutes include:

• The Consumer Product Safety Act (CPSA) and associated product safety rules; Certificates of Conformity; and product recalls;
• The Consumer Product Safety Improvement Act (CPSIA) including requirements for children’s products such as material restrictions, third-party testing, and Children’s Product Certificates;
• The Flammable Fabrics Act (FFA), including flammability requirements for clothing, children’s sleepwear, carpets and rugs, mattresses and mattress pads, and state counterparts to same;
• Legal advice and enforcement defense related to requirements under the Federal Hazardous Substances Act (FHSA), the Child Safety Protection Act (CSPA), the Labeling of Hazardous Art Materials Act (LHAMA), the Poison Prevention Packaging Act (PPPA), and the Child Nicotine Poisoning Prevention Act of 2015 (CNPPA).

PLG helps clients resolve issues related to the import of merchandise into the United States, including import holds based on alleged product import requirements including, but not limited to, product certifications, registration, packaging or labeling. Accomplishing the swift resolution of an import hold helps reduce delays and business disruptions. Product Law Group also handles enforcement actions based on alleged non-compliance of imported products.

Product Law Group helps companies defend Proposition 65 60-day notices related to alleged violations under California’s Proposition 65 law. This law requires businesses to provide a warning before exposing a California consumer to a Proposition 65-listed chemical (such as through use of a product) unless the business can demonstrate that the exposure was at or below a safe level. PLG also helps clients navigate Proposition 65-related indemnities and provides practical, strategic advice to reduce Proposition 65-related risks.

Product Law Group prepares comments on proposed regulations on behalf of company clients and trade associations. The Administrative Procedure Act (APA) and state equivalents provide an opportunity to weigh in on prospective rules before they become legal requirements. Submitting comments during APA public comment periods can help reduce or avoid regulatory burdens or unintended consequences of agency rules on a client’s business. We also collaborate with clients and clients’ lobbyists to analyze proposed legislation and prepare suggested amendments, including redlined bills and arguments to support requested changes.

Product Law Group helps clients convey product requirements to their overseas suppliers to avoid compliance problems when products are imported or sold in the United States. PLG helps clients develop and revise supply chain communication and education, product specifications, contractual terms related to product compliance, and supplier certifications.

PLG helps clients obtain and maintain regulatory permits required to produce or sell their products. Examples include permitting for obtaining, transferring, or selling California Controlled Chemicals regulated by the California Department of Justice’s California Controlled Chemicals Program (CCSP), federal and California pesticide registration, California Pesticide Broker and Dealer registration, and annual reporting under the Emergency Planning and Right to Know Act (EPCRA) related to hazardous chemicals stored at company facilities, including EPCRA reporting for lead-acid batteries contained in onsite equipment.

Product Law Group provides environmental due diligence to support corporate acquisitions by evaluating the product portfolios for product compliance and legal risks.

Product Law Group has significant experience developing company compliance programs. Previous work includes the development of a full Lacey Act compliance program for a Fortune 50 retailer, including the development of company policies, supplier training and agreements, internal risk assessments, internal buyer training, and supplier audits. PLG also crafts compliance programs for clients to address the TSCA and CARB formaldehyde emission standards for composite wood products, EPA and state pesticide product compliance, and compliance with state and federal energy efficiency standards.