Big Win for Consumers – U.S. Senate & House of Representatives Pass Reauthorization of the Consumer Products Safety Commission (CPSC) Legislation
Washington, DC – The American Association for Justice (AAJ) informed its membership and consumers that the U.S. Senate (89 -1) joined the House of Representatives (424-1) to overwhelmingly passed the reauthorization of the Consumer Product Safety Commission (CPSC) late yesterday. The bill now moves to the White House, where the President is expected to sign it. This is legislation that the AAJ has been working on for the better part of a year.
The bill includes broad new safety protections, including enhanced all-terrain vehicle (ATV) standards, a ban on the use of phthalates in children’s toys, whistleblower protections for employees of manufacturers and distributors, and mandatory toy standards generally. Further, it authorizes additional funding for CPSC to carry out its mission.
AAJ also worked to include language that clarifies that requirements under the
Consumer Product Safety Act (CPSA), as well as the Federal Hazardous Substances Act (FHSA), the Flammable Fabrics Act, and the Poison Packaging Prevention Act do not preempt causes of action under State or local common law nor State statutory law regarding damage claims. The legislation specifically directs the CPSC to refrain from including preemption language in the preamble to its rules, in statements of policy and executive branch orders. Among other things, the language addresses the overreaching by the agency with respect to its mattress flammability rule, which stated the rule and the standards under the rule preempted common law claims.
The legislation also makes clear that certain state laws, such as California’s Proposition 65, are not preempted.
AAJ is non-profit organization whose mission is to promote a fair and effective justice system ? and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests. To learn more about AAJ visit www.justice.org.
The law firm of Murray Guari Trial Attorneys PL, founded in 2005, is headquartered in West Palm Beach, Florida, at 1525 N. Flagler Drive. The firm can be contacted at (561) 366-9099. Additional information about Murray Guari Trial Attorneys PL may be obtained from the firm’s website at www.murrayguari.com.
Contact
Tracy Vaspoli, Murray Guari Trial Attorneys PL
(561) 366-9099
Kim Sailer, BARD Marketing/PR
ksailer@bardmarketing.com
