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Product Warranty Litigation

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Miller Canfield’s Product Safety Team represents global product manufacturers, suppliers and importers responsible for the design, manufacture, and sale of consumer and commercial products in both in the United States and globally.

With a reputation for consistent and effective client service from top lawyers who understand product warranty litigation, we routinely advise and represent clients in all matters related to product recall and breach of warranty liability and:

  • Compliance with state, federal and international laws, including the U.S. Consumer Product Safety Improvement Act (CPSIA) and the E.U.’s Registration, Evaluation, Authorization and Restriction of Chemical Substances (REACh) regulations
  • Implementation of contractual supply chain protections
  • Design of product literature and warnings
  • Investigation of product defect issues
  • Representation before regulatory agencies, including the National Highway Safety and Traffic Administration and the Consumer Product Safety Commission

Miller Canfield is known for its expertise in:

  • Litigating breach of express and implied warranty claims, including claims made under the common law, Uniform Commercial Code (UCC), Magnuson-Moss Warranty Act (MMW), state Lemon Laws, and United Nations Convention on Contracts for the International Sale of Goods (CISG)
  • Representing clients before various regulatory agencies, including the National Highway Safety and Traffic Administration (NHTSA) and the Consumer Product Safety Commission (CPSC) in connection with product recalls
  • Advising clients on complying with state, federal, and international laws and regulations related to product safety, including the United States Consumer Product Safety Improvement Act (CPSIA) and the European Union Registration, Evaluation, Authorization and Restriction of Chemical Substances (REACH)
  • Implementing contractual supply chain protections such as warranty disclaimers and indemnification provisions to avoid potential disputes
  • Drafting user manuals, safety warnings, and other product-related literature
  • Investigating claims related to possible product defects