Product Liability, Disparagement & Recalls

Product Liability, Disparagement & Recalls

Whether manufactured in China or Wisconsin, even the best products can create liability and risk. We help our clients identify the risks, manage recall communications, litigation communications, and develop strategies for protecting brand during an adverse product event.

Representative Product Liability & Disparagement Recalls Experience

  • Multi-year product liability arbitration against publicly-traded company concerning defective building material and potential for punitive damages award
  • Wholesaler/processor of fresh produce manages multiple USDA recalls of its ready-to-eat products
  • Large agricultural producer prepares for potentially massive national recall of egg-based products due to salmonella concerns and related FDA investigation
  • Medical device company announces the discontinuation of promising product line following enhanced FDA regulatory requirements to all similar device companies to further study safety and effectiveness
  • National recall, litigation, government investigation, and criminal proceeding regarding food-borne pathogens in peanut products by national supplier
  • Food manufacturer’s recall after state health department investigation into plant conditions and random food testing
  • Allegations of tainted food against multinational ingredient supplier
  • Medical device company managing FDA warning letter and 510K denial on principal product line
  • National recall of toys
  • Manufacturer of children’s products facing national recall for excessive levels of lead during sweeps week media investigative reports
  • Medical device product liability class action litigation
  • Negative Consumer Reports review regarding medical supplier’s device
  • Wrongful death matter involving accidental consumption of toxic chemical
  • Media relations for pharmaceutical company defending multidistrict class action

Case Study

As the death toll increased, Rotenberg Associates, Washington, DC and Minneapolis, was called to represent a national food manufacturer in the heat of a national product recall, class action litigation, government investigation, congressional hearings, and criminal investigations due to lethal food-borne pathogens in its food product. Rotenberg Associates worked closely with legal teams and insurers to develop and manage the media relations strategy, which included hundreds of media inquiries from around the country.


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