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Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.

An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.

She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children's Online Privacy Protection Act, the FTC's Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal's 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm's D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.

After months of anticipation, the Senate has received a nomination for a Commissioner of the U.S. Consumer Product Safety Commission (CPSC). 

In May 2025, President Trump removed the three Democratic Commissioners, leaving the two Republican Commissioners, Dziak and Feldman. Then, on August 22, 2025, Commissioner Dziak announced his resignation, leaving Acting Chairman Feldman as the sole Commissioner.

On October 2, 2025, President Trump nominated William “Billy” Hewes, III to join Acting Chairman Feldman as a Commissioner of the CPSC.Continue Reading CPSC Commissioner Nominated

The U.S. Consumer Product Safety Commission’s (CPSC’s) proposed safety standard for lithium-ion batteries used in micromobility products is back on the agency’s agenda.

On August 21, Acting Chairman and current sole Commissioner of the CPSC, Peter Feldman, issued a statement announcing several advancements of “critical safety standards” to the Office of Information and Regulatory Affairs (OIRA) pursuant to Executive Order No. 14215, “Ensuring Accountability for All Agencies,” including the CPSC’s draft proposed rule on lithium-ion batteries used in micromobility products. The lithium-ion micromobility product standard, and whether the CPSC would put it forward for codification, has been in flux for months. The CPSC originally introduced the rule on January 8, 2025 following the bipartisan “Setting Consumer Standards for Lithium-Ion Batteries Act” bill signaling Congress’s desire for the CPSC to issue a consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices. In April, the CPSC voted to move forward with the rule, but subsequently withdrew it following President Trump’s firing of three Democratic Commissioners. The proposed rule was most recently re-noticed by the CPSC on June 20, 2025, when those three Commissioners were temporarily reinstated, but withdrawn just days later, without explanation.Continue Reading CPSC Takes Another Step to Advance Draft Rule on Lithium-Ion Batteries Used in Micromobility Products

In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place. No longer.Continue Reading Commission in Limbo: SCOTUS Decision Puts CPSC Democrats Back Out of Action

When will the CPSC regulate micromobility products?  

On June 20, 2025, the Consumer Product Safety Commission (“CPSC”) re-noticed a proposed rule (“the notice” or “NPR”) on “Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries,” which it withdrew just days later. The notice has had an unusually erratic past – it was (1) voted on by the five-person commission in April, (2) initially noticed in early May, (3) withdrawn, (4) re-noticed in June, and (5) again withdrawn. The first withdrawal in May was due to President Trump’s firing of the three Democratic CPSC Commissioners who voted to issue the notice (the two Republicans on the Commission voted against it). After the Democratic Commissioners were reinstated, and the notice was reissued, it appeared that a micromobility rule was finally on its way. However, it was again removed – this time without explanation.Continue Reading Federal Micromobility Regulations – the Up and Coming