Products Regulation and Litigation Practice

Today, virtually no product goes unregulated. Manufacturers, importers, distributors, retailers, and end-users need help navigating complex regulatory programs and dealing with market pressures concerning the health, safety, and environmental aspects of their products. How well these regulatory requirements and market forces are addressed can make the difference between success and failure for the product.

Beveridge & Diamond’s product regulation and litigation practice assists clients with strategic thinking, practical advice, and product defense regarding all aspects of a product’s life cycle. We help clients bring to market new products positioned to succeed in light of current and projected regulatory considerations, market and supply chain pressures, and liability concerns. We also help clients keep products on the market through compliance counseling, advocacy, and product defense. We help preserve product viability by assisting with post-approval regulation and product recalls. Finally, we help clients plan for product end-of-life. 

Our cradle-to-grave products practice covers a wide array of federal, state, local, foreign, and international regulatory programs, statutes, and agencies. For example, at the U.S. federal level we deal with issues involving the Environmental Protection Agency, Consumer Product Safety Commission, Food and Drug Administration, Federal Trade Commission, United States Department of Agriculture, Occupational Safety and Health Administration, Department of Transportation, Department of Homeland Security, and many other federal departments and agencies. We also engage in matters related to state and local regulation of products, such as legislation on product content restrictions or warning requirements.

On the international front, Beveridge & Diamond addresses product-related matters involving entities of the United Nations, such as the Strategic Approach to International Chemicals Management and treaty negotiations hosted by the United Nations Environment Programme. We also help clients with product issues under foreign law, working with local counsel as necessary, on topics such as product registration and management of end-of-life products.

Our global practice runs the gamut from commodity raw materials to recycled secondary materials to advanced technology such as nanotechnology, biotechnology, and electronics. It involves negotiations with non-governmental organizations as well as government bodies. We also advise clients on product stewardship, green chemistry, green marketing, environmentally preferred purchasing, market deselection, and other non-regulatory product issues. We help clients with product issues in many industrial sectors, including chemicals, electronics, oil and gas, consumer products, pesticides, plant biotechnology, automotive, pharmaceuticals, and food, among others.

We also assist clients in resolving product-related compliance and liability issues. We defend against regulatory agency enforcement actions and private party suits for alleged product-related injuries or damages in federal, state, and administrative forums across the country. We bring suits on behalf of our clients to challenge government actions and against our clients’ competitors when necessary to protect our clients’ interests. Our litigation practice encompasses informal negotiation, mediation, arbitration, and other forms of alternative dispute resolution; trial-type proceedings before hearing officers or administrative law judges and administrative appeals boards; and bench and jury trials and appellate proceedings, including class actions, mass torts, and multidistrict litigation. Beveridge & Diamond litigators team with the Firm’s deep bench of regulatory specialists to bring unparalleled sophistication to their product defense work.

In an increasingly global marketplace, our multi-disciplinary practice enables us to protect and help advance our clients’ product-related interests throughout the world.

Beveridge & Diamond helps clients at each stage in the life of a “typical” product, including: 

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