Issue:

Product recalls are disruptive and frequently highly public affairs.

Challenges:

A manufacturer, importer or seller that discovers a safety issue must comply with the reporting requirements of the Consumer Product Safety Commission and analogous agencies in countries where the product is sold. The company may also have to decide whether and how to conduct a corrective action, which may include a recall.

A recall involves many moving parts, including dealing with regulators, identifying and notifying product users and distributors, managing publicity and designing an efficient reverse logistics system.  Done wrong, it can be a litigation nightmare and public relations catastrophe.  Done right, the company can fix the problem efficiently and bolster its public image as safety conscious.

Solution:

Perkins Coie has extensive experience advising manufacturers, importers and retailers on product recall issues and CPSC reporting.

We work with clients before an issue occurs to develop internal processes to identify safety issues.  We advise on when and how to report to regulators, assist in developing a corrective action and obtaining regulatory approval of that action, and advise on whether and how to conduct a recall.  If the company conducts a recall, we advise on public statements and notices to product users and sellers, and we interface with regulators. Our attorneys also help develop reverse logistics processes that are acceptable to the regulators.