Washington, DC
tel: +1 202.942.5749
fax: +1 202.942.5999
fax: +1 202.942.5999
Eric.Rubel@aporter.com
Practice Focus
Eric Rubel is co-chair of the firm’s product liability litigation practice group. He served as General Counsel to the US Consumer Product Safety Commission (CPSC) from 1994 to 1997.
Mr. Rubel focuses his practice on product safety matters and related litigation. He has extensive experience as a product safety lawyer helping companies assess their compliance with CPSC regulations, in developing effective recalls in the US and as part of coordinated global corrective action plans, and in defending CPSC enforcement actions. He also represents a number of companies, both large and small, in helping them to understand, comply with, and adapt their operations to address the Consumer Product Safety Improvement Act (CPSIA)—groundbreaking legislation that was signed into law in August 2008.
In addition, Mr. Rubel manages and coordinates the various litigation and regulatory matters that may arise out of product safety issues—including class action consumer litigation, business disputes, and ongoing compliance with agency regulations. In 2007 and 2008, Mr. Rubel successfully led the defense of a major retailer in defeating class certification in two cases in which plaintiffs sought to require the nationwide recall of products. In those same cases, Mr. Rubel helped obtain from CPSC decisions that the products did not present a substantial product hazard, and thus that recalls were not warranted.
Mr. Rubel’s experience as a product safety lawyer includes representing manufacturers, distributors, and retailers of clothing, toys and other children’s products, sporting goods, household appliances, furniture, heating and cooling equipment, computer equipment, premiums, building materials, fire safety equipment, packaging, motor vehicle equipment, pharmaceutical drugs, cosmetics, and other products.
Further, Mr. Rubel has experience assisting companies in conducting due diligence concerning product safety issues in connection with mergers and acquisitions.
Mr. Rubel writes and speaks frequently on the CPSIA and other product safety issues.
He previously served as law clerk to the Hon. Jane A. Restani, US Court of International Trade.
Representative Matters
Rankings
Chambers USA: America's Leading Lawyers for Business 2010 for Products Liability
Named to The BTI Client Service All-Star Team for Law Firms 2010
The Legal 500 US 2009 for Product Liability and Mass Tort Defense
The Legal Media Group's Guide to the World's Leading Product Liability Lawyers 2009
Articles
Eric A. Rubel. "Consumer Product Safety Notification Requirements: Section 15 of the Consumer Product Safety Act." (PDF: 179 kB) BNA, Inc., Product Safety & Liability Reporter, October 27, 2008.
Eric A. Rubel and Matthew Eisenstein. "The TREAD Act and NHTSA's Implementing Regulations: What Motor Vehicle Equipment Manufacturers Need To Know." (PDF: 529 kB) Reproduced with permission from Product Safety & Liability Reporter, Vol.31, No.6, pp.131-135. Copyright 2003 by The Bureau of National Affairs, Inc. - January 10, 2003.
Eric A. Rubel. "Regulatory Developments for Clothing Flammability: What the Apparel Industry Must Know About CPSC's Recent Actions." (PDF: 427 kB) Product Safety & Liability Reporter. Reproduced with permission from Product Safety & Liability Reporter, Vol. 27, No. 48, pp. 1177-1181. Copyright 1999 by The National Affairs, Inc. - December 3, 1999.
Eric A. Rubel. "Easing Some Of The Pain Of Corrective Actions: CPSC'S No Preliminary Determination Policy." (PDF: 348 kB) Reproduced with permission from Product Safety & Liability Reporter, Vo.25, No.16, pp. 382-385. Copyright 1997 by The Bureau of National Affairs, Inc. - April 18, 1997.
Presentations
Eric A. Rubel. "Child-Resistant Closures: Minimizing Potential Liability." Perritt Laboratories Symposium, Washington, DC, May 5, 2010.
Eric A. Rubel. "State Regulation of Chemicals in Consumer Products." International Consumer Product Safety Health & Safety Organization, Washington, DC, February 18, 2010.
Eric A. Rubel. "Consumer Product Safety and Compliance: A New Paradigm for the Promotional Products Industry." Promotional Products Association International, Las Vegas, NV, January 14, 2010.
Eric A. Rubel. "Planning and Executing World Class Recalls Panel." 2009 Product Safety and Liability Conference, Association of Home Appliance Manufacturers; Consumer Electronics Association; Air-Conditioning and Refrigeration Institute, Washington, DC October 2009.
Eric A. Rubel. "CPSC Civil and Criminal Penalties." ABA Consumer Products Regional Workshop, Washington, DC, September 17, 2009.
Eric A. Rubel. "U.S. Consumer Product Safety Commission: Reducing Risks from Changing Requirements." Personal Care Products Council, Vancouver, BC, June 19, 2009.
Eric A. Rubel. "Consumer Product Safety Improvement Act: Premiums and Promotional Products, Reducing Risks from New and Evolving Requirements." Promotions East 2009, Atlantic City, NJ, June 3, 2009.
Eric A. Rubel. "Child-Resistant Closures: Minimizing Potential Liability." Perritt Laboratories Symposium, Washington, DC, March 2009.
Eric A. Rubel. "Children's Exposure to Chemicals in Consumer Products." International Consumer Product Safety Health & Safety Organization, Orlando, FL, February 2009.
Eric A. Rubel. "Consumer Product Safety Improvement Act." American Bar Association, Washington, DC, October 2008.
Eric A. Rubel. "Consumer Product Safety Law Seminar: Legislative Update." International Consumer Product Safety Health & Safety Organization, Washington, DC, February 2008.
Eric A. Rubel. "US Consumer Product Safety Commission Notification Requirements: Reducing Risks to Consumers, Brand and the Bottom Line." Promotion Marketing Association, Chicago, IL, November 2007.
Eric A. Rubel. "Recall Effectiveness Panel." Association of Home Appliance Manufacturers, Alexandria, VA, October 2007.
Eric A. Rubel. "Lifecycle of a Product, Electrical and Electronic Products, Coming Off the Market." International Consumer Product Safety Conference, Co-Sponsored by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the International Consumer Product Health & Safety Organization, Beijing, May 2007.
Eric A. Rubel. "Defending Consumer Protection Class Actions: US Consumer Product Safety Commission - Opportunities and Pitfalls." American Conference Institute, San Francisco, CA, May 2007.
Eric A. Rubel. "Child-Resistant Closures: Minimizing Potential Liability." Perritt Laboratories Symposium, Orlando, FL, March 2007.
Eric A. Rubel. "Section 15 Trigger Reporting: The First Two Years and Looking Forward." ABA/International Consumer Product Health and Safety Organization, Orlando, FL, February 2007.
Eric A. Rubel. "Post Market Tracking of Safety Data and US Reporting Requirements." International Consumer Product Health and Safety Organization, Brussels, Belgium, November 2006.
Eric A. Rubel. "Reducing Product Safety and Liability Risks of Selling Products for the US Market." Arnold & Porter U.S. Investment Symposium, Beijing, China, October 2006.
Eric A. Rubel. "Managing Recalls in the New Global Product Safety Environment." International Consumer Product Health and Safety Organization, Bethesda, MD, May 2006.
Eric A. Rubel. "Child-Resistant Closures: Minimizing Potential Liability,." Perritt Laboratories Symposium, Orlando, FL, March 2006.
Eric A. Rubel. "Effective Management of a Product in Crisis." BIO, New York City, November 2005.
Eric A. Rubel. "Reducing Litigation Risks From 'Bad Documents': Golden Rules for Writing." Perritt Laboratories Symposium, Orlando, FL, February 2005.
Eric A. Rubel. "Section 15(b) Reporting Requirements for Manufacturers and Importers: Is There Room for Improvement?." ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2005.
Eric A. Rubel. "Child-Resistant Closures: Minimizing Potential Liability." Perritt Laboratories Symposium, Orlando, FL, March 2004.
Eric A. Rubel. "Component Parts vs. Finished Products: CPSC and Product Liability Concerns." ABA/International Consumer Product Health and Safety Organization, Orlando FL, March 2004.
Eric A. Rubel. "Child-Resistant Closures: Minimizing Potential Liability." Perritt Laboratories Symposium, Orlando, FL, February 2003.
Eric A. Rubel. "Product Safety Crisis Management." ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2003.
Eric A. Rubel. "Recent CPSC Civil Penalty Case Law." ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2002.
Eric A. Rubel. "An Industry Perspective on the 'American Experience'." PROSAFE Recall Conference, Stockholm Sweden, June 2001.
Eric A. Rubel. "Reducing Litigation Risks Through Document Creation Principles." ABA/International Consumer Product Health and Safety Organization, Orlando FL, February 2001.
Advisories
"CPSC Issues Final Regulation on Civil Penalty Factors." (PDF: 264 kB) Mar 2010.
"New Requirements in Effect; Federal and California Limits on Phthalates." (PDF: 237 kB) Mar 2009.
"CPSC Acts on Lead Content Issues with Effective Date Imminent." (PDF: 298 kB) Feb 2009.
"Agencies Issue Draft Guidelines for Importers." (PDF: 209 kB) Jan 2009.
"CPSC Proposes New Rules to Implement Lead Requirements." (PDF: 255 kB) Jan 2009.
"New Rule for EPA Requires Submission of Studies Concerning Lead in Children's Products." (PDF: 308 kB) Feb 2008.
"$975,000 Civil Penalty Highlights CPSC's Aggressive Enforcement of Reporting Requirements." (PDF) Mar 2007.
"CPSC Announces 'Working Model' for Section 15 Reporting." (PDF) Feb 2005.
"CPSC Interim Enforcement Policy for Metal Jewelry." (PDF) Feb 2005.
Multimedia
Trenton H. Norris, Harrison M. Pollak,
Eric A. Rubel and Robert D. Scofield.
"WEBCAST: Consumer Products: Avoiding the Crossfire Between State and Federal Regulation" March 16, 2010.
(also available as a Podcast)
JD, George Washington University Law School, 1985
BA, Middlebury College, 1982
District of Columbia
Pennsylvania