About me
Erik Swanholt has more than 20 years of experience as an adviser, litigator and trial lawyer for Fortune 500 companies and start-ups alike, I have a broad range of experience spanning multiple disciplines. My primary focus, however, is on advising and representing manufacturers, distributors, and retailers of consumer and industrial products in all areas of their business.
Consumer Product Safety Practice - I assist companies in developing best practices for their products including regulatory compliance programs, supply chain protocols and compliant marketing plans and labeling strategies for both new and mature products. I have extensive experience working with testing labs and regulators (including the CPSC, FDA, FTC, OEHHA, CARB and Health Canada) to certify or demonstrate regulatory compliance. I have led a number of companies through global and domestic product recalls and countless remediation plans.
Consumer Product Litigation - I also represent and defend companies in class action and mass litigation or government/regulatory compliance issues relating to their products, including products liability, consumer class action, toxic torts, personal injury, antitrust, contract actions, and regulatory investigations all relating to myriad statutory schemes, including California’s Unfair Competition Laws (UCL), the Consumer Legal Remedies Act (CLRA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Electronic Funds Transfer Act (EFTA) and the Telephone Consumer Protection Act (TCPA), to name a few.
My experience crosses nearly every industry including, electronics, safety equipment, food, pharmaceuticals, medical devices, vehicles, aircraft, chemicals, industrial machinery, fashion, financial instruments, home appliances, furniture, silica, asbestos and more.
I am part of Foley's team advising clients on COVID-19 issues, including consumer product and supply chain issues and liability immunity analysis under the PREP Act.