Regulatory Law

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In addition to state taxation, Brann & Isaacson advises and represents clients in a wide variety of other regulatory matters, including in the areas of antitrust, telemarketing, unfair trade practices, customs, privacy and security, and consumer product safety.

Our regulatory practice includes:

PRIVACY AND SECURITY

Our work includes assisting clients in conducting privacy and security audits to identify potential areas of concern and ensure a comprehensive understanding of company vulnerability and disclosure requirements.  In addition to such audits, we have worked closely with clients to develop privacy and security policies and procedures in compliance with a wide array of federal and state laws in these areas, including specific disclosure requirements under California law. We assist clients in their obligation to monitor on an ongoing basis new business initiatives to determine whether and how amendments to their privacy policies can be undertaken in compliance with law, and have assisted them in dealing with complaints and controversies over privacy and security practices.

CONSUMER PRODUCT SAFETY

Brann & Isaacson also advises clients in a wide array of issues relating to consumer product safety, under both federal and state laws  Our work in this area includes the development of policy and procedures to limit safety risks, identify and monitor product claims and concerns, and provide testing protocols and decision-making mechanisms to ensure effective compliance with governmental reporting obligations.  We have worked closely with clients on compliance with onerous new obligations under the Consumer Product Safety Improvement Act, including those related to product certifications, lead content, phthalates, product testing, and labeling, and have assisted them in complying with a host of similar state law rules, including under California's Proposition 65. We also provide assistance to clients in product labeling and disclosure rules under both state and federal law, including in the areas of product content and care, flammability, and country of origin, and assist clients in negotiating settlements with regulatory agencies, including the Consumer Product Safety Commission.

ADVERTISING AND MARKETING

We also work with clients on a wide range of advertising and marketing regulatory matters, including compliance with laws relating to electronic mail (including CAN-SPAM), mail order (including the Federal Trade Commission's 30-day rule), telemarketing, facsimile promotions, and sweepstakes.  Matters range from advertising disclosures, comparative pricing promotions, endorsements and testimonials, guarantees and warrantees, environmental advertising, negative option offers, rain checks, and "new" claims.  We help clients develop and refine return policies, sweepstakes rules, and web site disclosures, and review them for state and federal regulatory compliance.

UNCLAIMED PROPERTY

We also assist clients in the area of unclaimed property, working closely with them to review and quantify their risks, and, where necessary, to develop comprehensive strategies for minimizing those risks and negotiating settlements with state agencies.

CUSTOMS

We regularly advise clients on matters relating to international trade and compliance with regulations promulgated by the U.S. Customs and Border Protection, the Federal Trade Commission (“FTC”), the U.S. Bureau of Industry and Security, the U.S. Commerce Department, U.S. State Department, and the Transportation Security Administration to facilitate the import and export of goods to and from the United States.  This includes compliance with tariff provisions, HSUS categorization, export licensing and controls, protests, duty categorization and duty drawback.  In addition, we also advise clients concerning Customs and FTC labeling and marking requirements applicable to products imported and/or sold in the United States, including the use of terms such as Made In U.S.A. 

For example, we offer advice on the requirements for Importer Security Filings in advance of ocean bound shipments and prepare agreements with service providers for filing authorizations; help clients prepare for U.S. Customs audits and inspections of domestic clients and related foreign factories for compliance, including in relationship to trade preference programs such as the Central American Free Trade Agreement (“CAFTA”) and security requirements; guide companies through inspection requirements of the Transportation Security Administration (“TSA”) for air export shipments and prepare authorizations for inspections; and help negotiate Customs’ Broker and freight forwarder contractual relationships and powers of attorney.

FDA AND FOOD SAFETY

We regularly advise clients on food safety issues and food and drug labeling requirements.  This includes assisting clients through food recall deliberations, negotiations,  and procedures where recall implementation is necessary.   We also provide legal counsel regarding compliance with FDA and other regulatory agency requirements concerning, among other things, food safety, security, and licensing matters. Our advice extends to legal issues arising out of the sale, labeling, importation, and warehousing of food products, including compliance the Federal Food Drug and Cosmetic Act, USDA, Fair Packaging and Labeling Act, and other regulatory schemes.