The Manufacturing Law Blog provides timely commentary on issues of importance to manufacturers and distributors.  Contributors from the law firm of Robinson & Cole LLP are corporate compliance and litigation attorney, Jeff White; environmental, health and safety attorney, Pam Elkow;  and labor and employment attorney, Nicole Bernabo.

In late June, I had the pleasure of speaking at the American Conference Institute’s 2013 Consumer Products Regulation and Litigation Conference in Chicago.  The conference brought together a number of in-house counsel, private practioners, and government officials, including from the U.S. Consumer Product Safety Commission

I spoke on a panel entitled:  “Warning!  Following These Best Practices for Crafting Warning Labels to Mitigate Litigation Risks.”  This particular panel was of interest to me because it focused on ways in which manufacturers and distributors can avoid and/or mitigate their litigation risks.  Joining me on the panel was a regulatory and safety consultant who had spent decades working for some of the largest manufacturers in the United States and also a consultant that specialized in human factors and product safety.

During my portion of the presentation, I reviewed four common statements by manufacturers regarding warnings and labels that you may want to review with your legal counsel.  Obviously, the risks involved with making and/or relying on these statements depend upon the circumstances.   

  1. My company is protected.  Our product does not have any design defects.
  2. If the consumer does not read the warning, my company is not liable.
  3. My company adequately warned the consumer – the label satisfies industry standards.
  4. The drafting of a warning label is for my human factors’ personnel to worry about.

I am happy to share a copy of my power point presentation.  Please email me at manufacturinglawblog@rc.com if you would like a copy. 

 

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Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.