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Charles A. Samuels

Member / Co-chair, Retail and Consumer Products

[email protected]

+1.202.434.7312

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Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.

Chuck is engaged in a federal and international regulatory and legislative practice. He has been extensively involved in product safety, environmental, tax, health care, technology, and energy issues, and public finance legislative and regulatory matters for a variety of trade associations, corporations, local governments, and state agencies.

His practice encompasses work before the US Consumer Product Safety Commission, Departments of State, Health and Human Services, Energy, and Treasury, US Trade Representative, Environmental Protection Agency, Federal Trade Commission, the IRS, and other federal and state agencies. He also has extensive experience dealing with Canada, the European Commission, and international bodies.

Chuck also engages in trade association representation and antitrust counseling. As general counsel of the Association of Home Appliance Manufacturers, Chuck negotiated and drafted the amendments to the Consumer Product Safety Act and the National Appliance Energy Conservation Act, and represents the appliance industry at international bodies dealing with safety, energy, ozone depletion, and global warming.

Before joining Mintz, Chuck practiced regulatory law with a law firm in Chicago and then worked in the Executive Office of the President before entering private practice in Washington.

Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.

Experience

  • Filed an amicus brief in the Seventh Circuit on behalf of national trade associations in connection with an appeal from a lower court ruling certifying a national product liability class. Adopting arguments that we advanced on behalf of the amici, the Seventh Circuit reversed the lower court ruling and decertified the plaintiff class.
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viewpoints

Read about how the upcoming November elections could shape consumer product safety laws and regulations, depending on the outcome of the presidential race and whether one party takes control of Congress.

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Read about the Local Infrastructure Financing Tools (LIFT) Act, pending legislation that calls for policy changes and types of bonds that could be used by governments and nonprofits nationwide for a range of public infrastructure and capital improvement projects.

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On September 11, 2023, the Consumer Product Safety Commission (CPSC) voted to adopt sweeping safety requirements, pursuant to Reese’s Law, for button cell and coin batteries and products containing these batteries or designed to contain them. In a direct final rule, the Commission adopted ASNI/UL 4200A-2023 as the mandatory safety standard for button cell and coin batteries, which includes extensive construction, performance, labeling, and certification requirements.

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On February 9th, 2023, the Consumer Product Safety Commission (CPSC) published a proposed rule, as required by Reese’s Law, for button cell and coin batteries and products sold with them. Manufacturers of affected products not currently in compliance with the PPPA requirement are immediately vulnerable, and manufacturers should also prepare for compliance with the forthcoming final rule.
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Mintz Antitrust and Government Law attorneys examine an FTC proposed rule that would ban almost all non-compete provisions in employment relationships. They also discuss why employers should consider auditing non-compete policies and practices and exploring alternatives such as non-disclosure or customer non-solicitation agreements.

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The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these steps—referred to as “notice and comment rulemaking”—as well as comply with its statutory specific requirements—in order to put into place new product safety regulations.
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In early January, after referral by the CPSC to the Department of Justice (and probably the subject of an Acting Chair Adler public comment), fire extinguisher manufacturer Kidde reached a settlement with the government to pay a $12 million civil penalty for underreporting to the CPSC the scope and nature of defect, failure to report timely, making misrepresentations to the CPSC, and misusing a registered safety certification mark. The civil penalty seems to have signaled the start of a more aggressive approach to CPSC enforcement.
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News & Press

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Member Charles Samuels was quoted by The Bond Buyer in an article about pending legislation that would limit the issuance of tax-exempt municipal bonds from states with “school choice laws.”

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Retail and Consumer Products Co-chair Charles Samuels was quoted in a Bond Buyer article about the last minute deal that was struck to avoid a governmental shutdown and the reaction from the municipal market.

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American Lawyer spoke to Retail and Consumer Products Co-chair Charles Samuels on the litigation surrounding the recall of Onewheel electric skateboards.

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Retail and Consumer Products Co-chair Charles Samuels spoke to The Bond Buyer on the impact a governmental shut down may have on the municipal market.

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The Bond Buyer quoted Member Charles Samuels on the House's introduction of the Investing in Our Communities bill, which would restore the provision that was eliminated by the Trump Administration.

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The Bond Buyer quoted Mintz Member Charles Samuels about the SEC's proposed reintroduction of an ABS rule that would stop individuals involved in securitization transactions from shorting the securitizations they create.

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Mintz Member Charles Samuels, spoke to The Bond Buyer about the proposed roster for the House's Ways and Means committee.

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Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, spoke to The Bond Buyer about potential complications to the public finance agenda resulting from a crisis in Republican House Leadership.

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Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, spoke to The Bond Buyer about what potential impact of the Financial Disclosure Transparency Act on the municipal market.

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Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, was quoted in The Bond Buyer in an article covering what a divided Congress means for the municipal market.

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Mintz's Retail and Consumer Products Practice Co-Chair, Charles Samuels, was quoted in The Bond Buyer in an article covering what a divided congress and gridlock mean for the municipal market.

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Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by Law360 discussing how the relatively small Consumer Product Safety Commission (CPSC) is transforming into a more aggressive regulator under President Joe Biden.
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Mintz Member and Co-Chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by Law360 reflecting on the departure and legacy of Elliot Kaye, former chairman and a current commissioner of the U.S. Consumer Product Safety Commission.
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Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by The Bond Buyer discussing the recently passed bipartisan infrastructure bill, a historic piece of legislation that invests hundreds of millions of dollars on roads, bridges, and other infrastructure, doubles highway private activity bond authority, and expands private activity bond eligibility to broadband and carbon capture projects.
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Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was quoted in an article published by The Wall Street Journal on the Consumer Product Safety Commission (CPSC)’s recall request on Peloton treadmills. Specifically, Mr. Samuels discussed how the CPSC’s protocols prevent government overreach and allow companies to comment on the accuracy of recall disclosures.
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Mintz Member and Co-chair of the firm’s Retail and Consumer Products Practice Chuck Samuels was interviewed by the National Association of College and University Business Officers (NACUBO) to discuss upcoming legislation that may impact colleges and universities, in addition to sharing observations related to bonds and other financing tools.
Mintz Member Chuck Samuels discusses a bill that issuers of municipal bonds say would both lower their borrowing costs and give them more investing flexibility is back on the table after failing to become law in the previous Congress.

Mintz Member Chuck Samuels provides commentary in this feature article discussing the IRS’ new final regulations streamlining the public approval process for tax-exempt private activity bonds.

Mintz Member Chuck Samuels, counsel to the National Association of Health & Educational Facilities Finance Authorities, is quoted in this article discussing how the 2018 midterm elections could impact the future of private activity bonds (PABs).
This contributed column, authored by Charles Samuels, Shawn Skolky and Evelyn French, discusses a recent $3.85 million U.S. Consumer Product Safety Commission penalty for an alleged failure to timely report defective trash cans. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership.
Washington, D.C. Member Chuck Samuels is one of the industry sources quoted in this feature article discussing the impact potential legislation that would partially roll back regulations on money market mutual funds could have on the issuers of municipal bonds.
Matt Howsare, Chuck Samuels and Shawn Skolky authored this “Expert Analysis” column. The authors note that the consumer product safety community is rarely provided guidance by federal court decisions. They do however discuss a recent U.S. District Court opinion in Zen Magnets LLC v. Consumer Product Safety Commission and the implications for the industry.
This feature story discusses two challenges before the Consumer Product Safety Commission (CPSC) demanding recalls of Britax Child Safety strollers and Zen Magnets magnets.
Washington, D.C. Member Chuck Samuels is among the industry sources quoted in this feature article noting that the Municipal Securities Rulemaking Board’s (MSRB) latest “frequently asked questions” about its core municipal advisor rule is ambiguous and raises questions than answered.
This article discusses the reactions by municipal groups about the Tax Equity and Fiscal Responsibility Act (TEFRA) rules for Private Activity Bonds (PABs). Mintz Member Chuck Samuels is among the industry sources providing commentary.
Chuck Samuels, a Member in the Mintz DC office and a government law and federal and international regulatory attorney, was quoted in an article in The Bond Buyer on the impact the retirement of Senator Hatch may have on the municipal bond market.
Chuck Samuels is quoted in an article in the Bond Buyer on the subject of the tax bill enactment and the transformation it will bring to the municipal bond market.
Chuck Samuels is quoted in an article from the Bond Buyer on the subject of the final tax bill in 2017 and its full preservation of private activity bonds and tax-exempt bonds for professional sports stadiums and arenas.
Chuck Samuels, a Member in the Mintz DC office, is quoted in an article from The Hill on the potential elimination of private activity bonds in the proposed tax bill.
Chuck Samuels, a Washington D.C. Member, is quoted in an article from The Bond Buyer on the topic of the reaction of municipal market participants following the House vote to pass a tax bill that would eliminate private activity bonds and advance refundings beginning in 2018.

Off the Pedestal

November 6, 2017

Washington, D.C. Member Chuck Samuels was quoted in an Inside HigherEd article on the impact that the proposed Republican tax plan would have on higher education – specifically touching upon potentially cutting off key sources of borrowing and imposing new taxes on wealthy institutions.
Member Chuck Samuels, a government law and federal and international regulatory attorney, is quoted in this The Bond Buyer article discussing the reaction to the House Republicans’ tax bill, which would eliminate private activity bonds and advance refunding bonds after this 2017.
Washington, D.C. Member Chuck Samuels was quoted in a Bloomberg BNA article covering President Trump’s intent to nominate Ann Marie Buerkle, the acting chief of the Consumer Product Safety Commission, to become the CPS’s official chairman.
Chuck Samuels, a Member in the Mintz Washington, D.C. office, was quoted in a Bloomberg BNA article covering the $2 million budget cut facing the Consumer Product Safety Commission (CPSC) under President Trump’s Fiscal Year 2018 budget proposal.
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This article discusses the Trump administration’s tax plan, which involves cuts in tax rates and the elimination of tax deductions and loopholes for the wealthy. Mintz Member Charles Samuels is among the industry sources quoted.
This article explores the power struggle at the U.S. Consumer Product Safety Commission under the new Trump administration. It notes that rather than leaving the CPSC, the former chairman has stayed on in a demoted role to maintain Democratic control of the commission.
Member Charles Samuels, a regulatory and legislative attorney, provides commentary on President Trump’s actions to install Republicans as new acting chairs of many regulatory agencies and the potential impact of these fast leadership changes.
Mintz Member Chuck Samuels comments in this Bloomberg BNA article discussing the potential outcomes for the Consumer Product Safety Commission under new Chairman Ann Marie Buerkle and her role in future enforcement.
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In this January 2017 article, Mintz Washington, D.C. Member Chuck Samuels provides insight on whether municipal groups can count on President-Elect Trump regarding tax exemptions after the introduction of tax reform proposals intending to repeal or restrict tax deductions and exemptions.
Chuck Samuels, a Member in the Mintz DC office, is quoted in an article from The Kansas City Star on the Consumer Product Safety Commission’s (CPSC) efforts in recent years to change its somewhat weaker image to an agency with a penalties system with teeth.
Mintz Members Matthew Howsare and Chuck Samuels authored this Law360 article examining the federal courts’ involvement in interpreting the U.S. Consumer Product Safety Commission’s (CPSC) product safety laws.
This article notes the Consumer Product Safety Commission (CPSC) is working to change outside perspective so people see it as a force to be reckoned with when it comes to civil penalties.
Mintz Member Chuck Samuels was quoted in this Bloomberg BNA Product Safety & Liability Reporter article discussing the future of the Consumer Product Safety Commission (CPSC). The article notes the CPSC will likely shift to the Republicans in 2017.
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Mintz Member Chuck Samuels was quoted in this The Bond Buyer article discussing how the draft of a bill would reorient municipal securities disclosure.
Mintz Member Chuck Samuels is quoted in this Law360 article discussing the unusual nature of the Tenth Circuit’s split decision to vacate the CPSC rule on small, high-powered magnets – only the latest turn in the agency’s tale with the novelty toy.
Mintz Member Chuck Samuels is quoted in this The Bond Buyer article discussing President-Elect Donald Trump’s plans for “historic tax reform and increased spending on infrastructure,” which could endanger municipal bond tax exemption.
This article notes the reaction to a report, "Reexamining the Tax Exemption of Municipal Bond Interest," issued by the Tax Foundation. It's noted that advocates for maintaining the tax-exempt status of municipal bonds are objecting to the report.
Mintz Member Chuck Samuels is quoted in this Bloomberg BNA Product Safety & Liability Reporter article on how the Consumer Product Safety Commission’s latest civil penalties statement regarding reporting violations demonstrates that the majority in the CPSC will likely not change their approach.
Mintz Member Chuck Samuels is quoted in this Law360 article discussing the head of the U.S. Consumer Product Safety Commission’s (CPSC) response to attorney requests that the CPSC be transparent about its decision-making process for civil penalties.  
Mintz Member Chuck Samuels is quoted in this Reuters article covering the U.S. Consumer Product Safety Commission Chairman’s about-face in response to companies’ calls for increased transparency in civil penalty settlement agreements.
Mintz Member Chuck Samuels is quoted in this National Law Journal article on a settlement between Mr. Coffee Brewing Co. and the Consumer Product Safety Commission.
Matthew Howsare, Co-chair of Mintz’s Consumer Product Safety Practice, and Member Chuck Samuels, authored this Law360 column highlighting “divides along party lines” within the Consumer Product Safety Commission leadership over the civil penalties for companies in violation of their regulations.
Mintz Washington, DC Member Chuck Samuels is quoted in this Law360 article on the Consumer Product Safety Commission’s (CPSC) civil penalty against Starbucks’ Teavana for “failing to report exploding tea tumblers,” invoking a $3.75 million fine.
Mintz Member Chuck Samuels is quoted in this BNA’s Product Safety & Liability Reporter article on the Consumer Product Safety Commission’s budget, including its calls for nanotechnology and import safety investments.
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Events & Speaking

Speaker
Feb
24
2021

ICPHSO 2021 Annual Virtual Meeting and Training Symposium

International Consumer Product Health and Safety Organization

Virtual Event

Conference Reference Image
Speaker
Sep
10
2015

Product Safety Committee Meeting

Retail Industry Leaders Association

Washington, DC

Faculty
May
22
2014

2014 Product Safety Management Certificate Course

2014 Product Safety Management Certificate Course at Saint Louis University's Center for Supply Chain Management Studies

St. Louis, MO

Speaker
Sep
12
2013
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Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.

Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.

Recognition & Awards

  • JD Supra Readers' Choice Awards: Top Author in Product Liability (2020)

  • Martindale-Hubbell AV Preeminent

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Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety Commission, state agencies, and international regulatory organizations.

Involvement

  • Member, District of Columbia Bar Association
  • Member, American Bar Association
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Charles A. Samuels

Member / Co-chair, Retail and Consumer Products

Washington, DC