About the Course
Introduction
This CLE webinar will discuss the critical interplay between product liability litigation and disclosure obligations under the Consumer Product Safety Act (CPSA), specifically a manufacturer's duty to report potential defects and dangers in a timely manner. The panel will also address recent developments and actions by the Department of Justice's newly created Enforcement and Affirmative Litigation Branch (EALB) that experts say signal more aggressive enforcement of consumer and product safety rules.
Description
The CPSA requires covered entities to "immediately" report information to the Consumer Product Safety Commission (CPSC) that reasonably supports the conclusion that a product fails to comply with a consumer product safety rule, contains a defect that could create a substantial product hazard, or presents an unreasonable risk of serious injury or death. It is not always crystal clear when these thresholds are met, but failure or delay in reporting can mean unnecessary injuries and enhanced damages as well as governmental civil or criminal penalties in some cases.
As distinguished practitioners have observed, regulatory reporting obligations are inextricably intertwined with product liability litigation in a proverbial chicken-or-egg situation. Information uncovered in civil discovery may trigger the duty to report to the CPSC, effect a recall, or even impact agency proceedings. The data produced in the course of an investigation, such as tests, complaints, communications with designers or suppliers, prior incidents, attempts to fix a problem, etc., will fuel litigation and can be used as evidence of liability. Both plaintiff and defendants need strategies for managing and leveraging information in both contexts and strategies for responding to heightened scrutiny by the CSCP and more aggressive enforcement by EALB.
Listen as our panel of experts discusses the increasing impact on product liability litigation of reporting to the CPSC and how product liability litigation can impact regulatory enforcement.
Presented By
Mr. Korba is Of Counsel with Foley & Lardner in the Washington, DC office, and is a member of the firm’s Government Enforcement Defense & Investigations practice group. He draws from years as a federal prosecutor to advise clients on a variety of civil and criminal matters. Mr. Korba's experience includes investigations into cyber attacks and computer fraud, Foreign Terrorist Organizations (FTOs), export control offenses and economic sanctions evasions, wire fraud, violations of Anti-Money Laundering regulations, the Bank Secrecy Act, the Anti-Terrorism Act, and more. His experience working with a variety of federal agencies and private sector stakeholders on long-term and complex criminal investigations translates to practical guidance, minimizing business and reputational risks for clients in a variety of cases.
Ms. McGaver Sikora is an experienced adviser and litigator. While she has a broad range of experience across many industries, her practice primarily focuses on advising and representing manufacturers, importers, distributors, and retailers of consumer and industrial products in all areas of their business. Ms. McGaver Sikora is the Vice Chair of the Consumer Products area of focus in Foley’s Manufacturing Sector.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, July 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Trends in DOJ enforcement of CPSA
II. Reporting obligations
A. What triggers a reporting obligation
B. What information must be reported about products
C. Who must or can report to CSPC
D. When does information have to be reported
E. What information and data must be included in a report
III. Access to and admissibility in product litigation of evidence/information reported to CPSC
IV. Admissibility in product litigation of inaction by CPSC after receiving reports
V. Strategies for plaintiffs
VI. Strategies for defendants
The panel will discuss these and other important topics:
- How has the reorganization of the Department of Justice affected enforcement actions or priorities?
- What are the risks when a company is not convinced that a product safety issue exists or needs reporting?
- What is the effect of a single plaintiff's verdict in a product liability case on a defendant's duty to report to the CPSC?
- What are retailers' obligations to report to the CPSC?
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