Ms. Keenan represents companies before the Consumer Product Safety Commission in connection with product recalls and reporting activities, and has successfully negotiated with the CPSC to narrow the scope of several voluntary recalls involving a wide range of products. Ms. Keenan has also advised clients on the Consumer Product Safety Improvement Act, the Virginia Graeme Baker Pool and Spa Safety Act, the Federal Hazardous Substances Act, ASTM F963, and the Flammable Fabrics Act, and has become a leading expert on the CPSC’s consumer safety complaint database—www.SaferProducts.gov. Ms. Keenan is the editor of the Alston & Bird CPSC Recall Snapshot, a monthly newsletter that provides an overview of CPSC recalls and civil penalties.
Ms. Keenan regularly advises product manufacturers on FTC regulations and warning, labeling, guarantee and warranty issues, and has drafted warnings, warranties, guarantees, and product instructions for dozens of consumer goods companies.
Ms. Keenan also represents manufacturers of consumer goods, pharmaceutical drugs, medical devices, automobiles and asbestos-containing automotive parts in class actions and individual cases throughout the country.
- Conducted recalls and CPSC reporting involving a wide-range of products, including consumer electronics, toys, pool and spa products, children’s clothing (lead and drawstrings), sporting goods, housewares, sports equipment and other products.
- Advised on complaints submitted to the CPSC’s SaferProducts.gov database and submitted objections and responses to complaints.
- Advised on periodic testing requirements for children’s products and developed testing plans and training programs on required policies against undue influence on testing laboratories.
- National discovery coordinator for an automotive parts company in asbestos litigation.
- Obtained dismissal and summary judgment with prejudice in pharmaceutical wrongful death cases filed in state court in Texas.
- Primary drafter and chief strategist of the venue mandamus petition and reply brief on behalf of all defendants in consolidated toxic tort cases involving 1,675 plaintiffs. The defendants’ victory at the Alabama Supreme Court ultimately resulted in the transfer of all 1,675 plaintiffs from Bessemer to Tuscaloosa more than five years after the cases had been filed.
- Primary drafter of briefing that resulted in a significant Daubert victory and summary judgment for a medical device manufacturer in Milam, et al. v. Synthes North America, Inc., et al., Civil Action File No. 4:02-CV-0092-HLM (M.D. Ga. 3/8/04).
- Lead lawyer for one of the nation’s largest REITs in 50-plus mold class action mediations related to claims involving over $3 million in personal injury and property claims.
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Jenifer Keenan, counsel in the firm’s Products Liability Group, was quoted in a Law360 article discussing the U.S. Consumer Product Safety Commission’s (CPSC’s) announcement of a settlement that requires companies to set up expansive new compliance systems, which, according to the article, suggests that the agency will “force the programs on even those accused only of failing to report a product defect promptly.”
May 6, 2013
In the Press
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Jenifer Keenan, member of the firm’s Product’s Liability Group, was quoted in a Law360 article discussing Marietta Robinson’s renomination from President Obama to the U.S. Consumer Product Safety Commission (CPSC), and whether or not she will “sit on the sidelines” until she is paired with a Republican nominee.
January 31, 2013
In the Press
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Jenifer Keenan was quoted in a Law360 article titled, “Product Liability Regulation to Watch in 2013,” which included, among other regulations, cutbacks for consumer product testing.
January 2, 2013
In the Press
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Jenifer Keenan was recently quoted in the Law360 article “Obama Win Promises Heightened Push for Product Safety.” According to Law360, President Obama is expected to push for more regulations of food, tobacco, and consumer product safety. With respect to the Consumer Product Safety Commission, Jenifer noted "[t]here are a lot of 2-2 decisions right now, and even though the commission has moved forward with several regulations and initiatives, you would expect more under an Obama administration where there was a [democratic] majority.”
November 9, 2012
In the Press
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Jenifer Keenan was extensively quoted in a Law360 article discussing a federal judge’s groundbreaking decision that a complaint about an unnamed company’s product is too misleading for the U.S. Consumer Product Safety Commission’s (CPSC) Saferproducts.gov database. The suit marked the first legal challenge to the Consumer Product Safety Improvement Act, and the ruling is seen as a big win for manufacturers.
October 29, 2012
In the Press
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February 9, 2011
In the Press
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As with the Kolcraft settlement we reported on last month, the newest settlement for untimely reporting of a substantial product hazard announced by the CPSC included not only a civil penalty, but the establishment of an expansive compliance program as well. Although the Kolcraft settlement involved a children’s product, and the newly announced settlement with Williams-Sonoma involved a hammock intended for adults, the compliance programs that must be established under the settlement agreements are identical.
May 16, 2013
Publications
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The CPSC’s recently announced settlement agreement with Kolcraft may signal a new strategy for the agency with respect to penalties for untimely reporting of substantial product hazards. In the past, settlements for untimely reporting were comprised only of civil penalties, which in 2012 ranged from $400,000 to $1,500,000.
April 14, 2013
Publications
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March 18, 2013
Publications
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As we have reported in the past, two of the five commissioner spots at the CPSC are currently vacant. The democrat that was nominated by President Obama for one of these open seats in January 2012 was re-nominated in January 2013, but so far, there has been no action on her nomination and the President has yet to nominate someone for the other vacant seat (which by statute, must be filled by a Republican so that there are no more than 3 commissioners of one party).
March 2013
Publications
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The CPSC has filed suit against several manufacturers of high-powered magnet sets seeking to have the products declared “substantial product hazards” so that it may to force a recall of the products. Last week, the CPSC amended its complaint against Maxfield & Oberton to name the dissolved company’s former CEO as a defendant, both “individually and in his capacity as CEO.”
February 21, 2013
Publications
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As noted in our year-end review, there were 308 recalls in 2012 - a little over 25% of these recalls involved children’s products. In addition, the CPSC issued $4,275,000 in civil penalties, the vast majority of which were for failure to timely report a product hazard. In light of these numbers, and democratic majority on the Commission, businesses can expect the CPSC to continue to be very active in 2013.
January 31, 2013
Publications
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As we reported last month, the CPSC recently filed a suit against the makers of Nap Nanny infant recliners after the manufacturer would not agree to conduct a voluntary recall of the product. Earlier this month, the manufacturer of Nap Nanny filed a motion alleging that the CPSC’s press release incorrectly stated that it was illegal under federal law to sell the product. Although the CPSC had filed suit to stop the sale of the Nap Nanny, the manufacturer noted that the representation that it was illegal to sell the product was false because a court had not yet issued an order recalling the product. In response, the CPSC corrected the press release, but not until after 6:30, after the press release had been up for several hours and long after most media outlets had done their reporting for the day. Even though there has not been a ruling on the recall, several major retailers have voluntarily recalled the product.
January 2013
Publications
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Earlier this month, the CPSC filed a suit against the makers of Nap Nanny infant recliners after the manufacturer would not agree to conduct a voluntary recall of the product. The CPSC reported that it had received reports of four infants who died in the recliners and over 70 additional incident reports of children nearly falling out of the product. This suit comes on the heels of a similar suit filed by the CPSC against the makers of Buckyballs, a manipulative magnetic desk toy intended for adults, and is only the third time in the past eleven years that the CPSC has filed suit seeking a stop-sale order and mandatory recall.
December 2012
Publications
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The re-election of President Obama will have a significant impact on the CPSC. For the last year, only four of the five Commissioner spots have been filled and there has been an even split – 2 Democrats and 2 Republicans. At the end of October, the term of Republican Commissioner Northup expired. Thus, in the near future, President Obama will have an opportunity to appoint two new Commissioners – one to fill Northup’s spot and one to fill the spot that has been vacant for over a year. The terms of the remaining three Commissioners are set to expire during Obama’s second term so Obama will also have an opportunity to reappoint the three existing Commissioners or appoint three new Commissioners. This means that by the end of his second term, all five Commissioners will be Obama appointees. By statute, ”not more than three of the Commissioners shall be affiliated with the same political party.” Thus, even a completely Obama appointed Commission will have 3 Democrats and 2 Republicans.
November, 2012
Advisories
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Over the last year, we have reported on a suit filed under seal by a company challenging the CPSC’s decision to publish a complaint on the CPSC’s saferproducts.gov database that the company alleged was materially inaccurate. This week, the U.S. District Court for the District of Maryland published its highly anticipated opinion on the issue. In a very lengthy and detailed 78 page opinion, the Court chastised the CPSC for its continued efforts to publish the report and granted the company’s motion for summary judgment, thereby permanently preventing the CPSC from publishing the report. The Court also granted the company’s right to proceed under seal and heavily redacted its opinion so that neither the plaintiff nor the product that was the subject of the report could be identified. Further information on this important case is contained in the following Law 360 article, which came out last week.
October 2012
Advisories
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There is no way around it—the CPSIA’s periodic testing requirements for children’s products are burdensome. The regulations require manufacturers to conduct “periodic testing” of a “sufficient number of samples” to provide a “high degree of assurance” that the tests conducted demonstrate the ability of the product to meet all applicable standards. There are a lot of unanswered questions as to what this all really means, but this article will help shed some light on some of the most significant requirements of the new regulations.
Fall 2012
Publications
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Last month we told you about two administrative complaints the CPSC filed against manufacturers and distributors of high-powered magnet sets. The CPSC has since continued its efforts to reduce what it calls “the serious risks posed by hazardous, high-powered magnet sets” by voting to promulgate rules governing them. The Commissions’ objective is to create a standard that would set performance requirements for magnet sets based on their size and strength. Those who wish to submit rulemaking comments must do so by mid-November 2012.
September 2012
Advisories
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The CPSC recently filed an administrative complaints against two manufacturers and distributors of magnet desk sets/novelty items that are marketed and intend for adults. This is only the second time administrative complaints have been filed by the CPSC in over a decade. According to a recent article, “the suits are so rare that the agency will have to borrow an administrative law judge from another agency to oversee them.” And in case the administrative complaints were not enough, the CPSC staff issued a recommendation that the CPSC ban the products, similar to the 1998 ban of lawn darts.
August 2012
Advisories
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“In The Crosshairs: CPSC Consumer Complaint Database,” Law360, November 18, 2011.
November 18, 2011
Publications
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In addition to announcing the voluntary recalls and civil penalties summarized in the Snapshot, the CPSC in October approved extensive independent third party testing protocols for domestic manufacturers, importers and private labelers of children’s products. The regulations, which impose significant new testing and documentation requirements, will go into effect on February 8, 2013.
November 9, 2011
Advisories
Past Events
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March 20, 2012
Seminar
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November 30, 2011
Seminar
- Member, Atlanta Bar Association
- Member, Georgia Bar
- Member, Defense Research Institute
- Marketing Liaison, Consumer Goods Section of the Defense Research Institute’s Products Liability Committee
- Secretary, City of Atlanta’s Neighborhood Planning Unit F
- Board Member, Virginia-Highland Civic Association