Ongoing Regulation of Existing Products
Once a product enters the marketplace, it becomes subject to ongoing governmental oversight and reporting requirements, as well as potential new requirements. Beveridge & Diamond advises clients on these requirements and helps our clients comply with them, or where necessary, our litigators bring constitutional and statutory challenges to overreaching laws and regulations. Among other things, our attorneys have assisted clients with the following.
- Reporting requirements for existing products, and audits of client compliance with those requirements, including substantial product hazard reporting under the Consumer Product Safety Act; substantial risk reporting under the Toxic Substances Control Act; adverse effects reporting under the Federal Insecticide, Fungicide, and Rodenticide Act; adverse event reporting under various provisions of the Federal Food, Drug, and Cosmetic Act; and production and use data and health and safety study reporting under the Toxic Substances Control Act
- Supplemental data generation requirements for current products under the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and voluntary testing programs, including the High Production Volume Challenge and the Voluntary Children’s Chemical Exposure Program, by negotiating testing requirements, setting up testing consortia, and drafting data development agreements.
- Tolerances or tolerance exemptions for pesticide residues on food under the Food Quality Protection Act.
- Applicability of various market access restrictions, including batteries in electronic devices under the European Union Batteries Directive and RoHS restrictions, lead and phthalate restrictions under the Consumer Product Safety Improvement Act, and various state laws on the presence of phthalates, bisphenol A, brominated flame retardants, and other chemicals of concern.
- Won many millions of dollars in compensation for pesticide test data from subsequent registrants through negotiation, arbitration, and litigation.
- Won preliminary and permanent injunctions against local ordinances that restricted or banned the use of our clients’ products, applying federal and state preemption.
- Won preliminary and permanent injunctions, and attorney fee awards, against cities and counties for excessive and discriminatory regulation of products in violation of the dormant Commerce Clause.
- Successful challenge to a local ordinance banning sales of child care products containing a chemical of concern.