Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Scott A. Cohn

Scott A. Cohn, Senior Regulatory Consulting Attorney
Scott A. Cohn
Senior Regulatory Consulting Attorney
New York, NY

Scott Cohn has practiced law for more than 28 years in the area of regulatory compliance, with an emphasis on product safety and compliance, product labeling, and advertising and regulation of imported goods.

In the area of product safety and compliance, as regulated by the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA) and other federal and state agencies, Scott has experience with the following:

  • Product Safety Evaluations, including Laboratory Testing and Failure Analyses
  • Hazard/Defect Reporting (Section 15 and 37)
  • Consumer Product Safety Improvement Act (CPSIA)
  • Recalls
  • CPSC, investigations, and penalties
  • Flammability of apparel and children’s sleepwear, including exemptions for tight-fitting sleepwear
  • Children’s products, including toys and games; small parts, sharp edges, heavy metals, lead content (including Proposition 65 in California), toxicity and contamination, etc.
  • Drawstring restrictions on apparel
  • Household products: candles, lighters, mattresses, cookware, small electronics, etc.
  • Furniture products: cribs, chairs, stools, upholstered products, etc.
  • Medical devices, cosmetics, and OTC remedies
  • Internal compliance reviews and manuals, and development of quality assurance procedures and programs

Scott’s practice also involves product labeling and advertising, as regulated by the Federal Trade Commission (FTC) and other federal and state agencies. In this area he has experience with the following:

  • Internet and Catalog Disclosures and Mail Order Rules
  • Advertising Substantiation
  • Textile, Apparel, Footwear and Luggage labeling
  • RN number filings
  • Leather labeling
  • Care labeling for apparel
  • Upholstery and Bedding labeling/tagging as required by individual states
  • "Made In USA" labeling rules for all products
  • Warranty issues
  • Privacy issues for consumers
  • Jewelry labeling and advertising
  • Organic labeling for food products under US Department of Agriculture/AMS Rules
  • Country of origin disclosures as required by Customs and FTC

Additionally, with regard to the regulation of imported goods, as enforced by the Bureau of Customs and Border Protection (CBP) and other federal and state agencies, Scott’s practice includes experience with the following:

  • Tariff Classification, Duty Rates, and Quota Restrictions applicable to all product categories
  • Structuring international trade transactions to lawfully minimize duties
  • NAFTA and other trade preference programs, such as IFTA, GSP, and AGOA
  • Informed compliance and reasonable care evaluations
  • Customs compliance audits and internal control manuals
  • Valuation of imported goods (transfer pricing, first sale, etc.)
  • Country of origin marking
  • Trademark and copyright protection and enforcement
  • Detentions, seizures, penalties, civil/criminal investigations
  • Country of origin verifications
  • Labor compliance programs
  • Restrictions on artwork and antiquities
  • Recordkeeping and record retention
  • FDA penalty enforcement actions on imports
  • Endangered species issues as enforced by Fish & Wildlife Service
  • Importation of fine art and antiquities
  • Vendor supply agreements
  • Buying agency agreements
  • Import/Export enforcement by Office of Foreign Assets Control, Bureau of Industry and Security, Department of Commerce, Department of State, Bureau of Alcohol Tobacco and Firearms, Environmental Protection Agency, etc.



Blog Posts by Scott A. Cohn

Consumer Product Safety
FTC Continues Close Scrutiny of "Made in USA" Claims

The Federal Trade Commission (FTC) has just announced that it will be closing its "Made in USA" investigation of certain Target pillow products. According to the FTC, the outer packaging of the pillow products bore an unqualified "Made in USA" claim while the packages' contents – the pillows themselves  bore a "Made in China" label claim. FTC's investigation began in response to numerous consumer complaints regarding this conflicting origin labeling. In response to the FTC’s investigation, Target agreed to remedy the problem, including removing all affected items from sale, introducing remedial packaging, and, most significantly, agreeing to undertake several longer term "process enhancements" designed to prevent future deceptive "Made in USA" claims.

These longer term enhancements include:

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Consumer Product Safety
FTC Settlement Shows Agency Remains Focused on “Made in USA” Claims

The Federal Trade Commission has announced a proposed settlement and consent order in its investigation of a US-based water filtration company, iSpring Water Systems, concerning that company’s representations that its products are "Proudly Built in the USA," which is considered an unqualified "Made in USA" claim that the products were all or virtually all USA-made. These representations appeared on the company’s own websites, as well as those of other online retailers who sold the products. The FTC alleges that many of the company’s products were wholly imported and/or produced with significant foreign inputs, and therefore, the unqualified US-origin claims are false and misleading. While iSpring has neither admitted, nor denied, the allegations, it has agreed to drop the "Made in USA" references, and to make only qualified "Made in USA" claims which clearly and conspicuously identify the extent to which foreign parts, ingredients or processing are utilized.

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Consumer Product Safety
CPSC Public Meeting on Children's Sleepwear Flammability

On December 1, 2016, CPSC’s Office of Compliance, under the leadership of CPSC’s Mary Toro (Director, Office of Compliance, Regulatory Enforcement), held a comprehensive full day seminar on the laws, regulations, and rigorous flammability testing requirements applicable to children’s sleepwear.

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