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Children’s Products and Toys

Nilan Johnson Lewis attorneys offer extensive experience in the children’s products and toys industry, which is furthered by our proficiency in handling product recalls, Consumer Product Safety Commission (CPSC) investigations, and preparing safety compliance plans for our clients. We not only evaluate product warnings and labels for compliance with federal and state regulations and voluntary safety standards, but we also provide preventative measures and risk management strategies and defend product liability claims.

Experience

We serve as national coordinating and trial counsel for numerous consumer product manufacturers in both state and federal courts, and are strongly committed to learning our clients’ businesses. We build strong partnerships with our clients, gaining an in-depth understanding of their products and customers, and pride ourselves on working collaboratively with their legal, engineering, sales, and marketing teams.

In addition to defending our clients in product liability cases, we also assist with:

  • Compliance with the Consumer Product Safety Improvement Act (CPSIA) and other government regulations, the U.S. Child Safety Protection Act, state-specific laws covering children’s products and toys, and also relevant CPSC, ASTM, ANSI, and UL standards.
  • Product safety and reporting issues, including CPSC reporting requirements, implementation and management of safety bulletins or recalls, and assessment of processes for monitoring warranty claims and potential safety-related claims.
  • Compliance with product testing programs.
  • Design and review of instruction manuals, on-product warnings and mandatory labels, and warranties and disclaimers.
  • Compliance with California Prop 65 and other state, right-to-know and chemical disclosure laws.
  • Reviewing advertising, promotion, and endorsement materials.
  • Third-party testing requirements, including, but not limited to, lead, durability, and flammability.

Representation

  • We serve as national and/or regional counsel for product manufacturers and retailers in the defense of product liability lawsuits, including consumer class claims.
  • We advise children’s product and toy manufacturers and retailers on risk management prevention, third-party testing, and CPSC investigations and/or recalls.
  • We are knowledgeable and regularly advise clients on connected products, including safety wearables, educational devices, and sport devices.

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