Product sellers are often responsible for notifying government officials and consumers when safety issues arise. Their counsel must understand not only reporting obligations and best practices for recalls, but also how to convey information to the public in a positive light, address supply chain challenges and insurance coverage, and reduce litigation threats.
Shook, Hardy & Bacon has assisted companies with high-volume, complex recalls in multiple jurisdictions worldwide. Our attorneys approach recalls in the context of heightened regulatory and media scrutiny that can damage a company’s reputation and lead to costly class actions and mass tort litigation. With interdisciplinary experience in the United States, European Union, Latin America and Asia, we have represented retailers and the manufacturers of pharmaceuticals and medical devices, food and beverages, consumer goods, pet food and animal health products, automobiles, and firearms at every stage in the product cycle.
Shook has experience with recalls and enforcement actions overseen by government agencies such as the Food and Drug Administration, Consumer Product Safety Commission, National Highway Traffic Safety Administration, and U.K. Trading Standards. Our attorneys help clients:
- draft product safety warnings and labels that meet regulatory requirements;
- develop warranty programs and consumer disclosure plans;
- navigate reporting and product traceability requirements;
- implement effective compliance programs and internal audits; and
- participate in regulatory forums and industry groups involved in standard-setting activities.
We have also handled tort actions driven by product safety complaints, effectively deploying legal safeguards—including pretrial motions—to minimize disruptions to business operations and protect brand equity. Our extensive litigation background combined with decades of experience in risk avoidance and crisis counseling make Shook uniquely situated to advance client interests before, during and after recalls.