USA Law and Practice Contributed by: Trevor Keenan, Michelle Byers Graham and Curtis Berglund, Campbell Conroy & O’Neil, P.C.
Campbell Conroy & O’Neil, P.C. 20 City Square Suite 300 Boston, Massachusetts 02110 USA Tel: +1 617 241 3000 Fax: +1 617 241 5115 Email: mmichitson@campbell-trial-lawyers.com Web: www.campbelltriallawyers.com
1. Product Safety 1.1 Product Safety Legal Framework The legal framework governing product safety in the USA is discussed below. Overarching Federal Laws and Regulations Product safety The Consumer Product Safety Act of 1972 ( CPSA ), 15 USC Section 2051 et seq This legislation established the Consumer Product Safety Commission (CPSC), the independent federal regulatory agency charged with protecting the public from unreasonable risks of harm from consumer prod - ucts. The CPSC is authorised to develop standards, issue recalls and ban products in the USA under cer - tain circumstances. The Consumer Product Safety Improvement Act of 2008 ( CPSIA ), Pub L 110 – 314 , 122 Stat 3016 The CPSIA amended the CPSA. It provided new regulatory and enforcement tools, and authorised the CPSC to create SaferProducts.gov, a website data - base where the public can file and read complaints about products under the CPSC’s jurisdiction. Amendment to the Consumer Product Safety Improvement Act of 2008 , Pub L 112 – 28 , 125 Stat 273 ( 2011 ) The CPSIA was amended in 2011 to add requirements for SaferProducts.gov, including: • expanding the information collected in product reports;
• defining the timing for posting the reports to the database; and • expanding the CPSC’s authority and discretion to enforce product safety laws. In addition, federal statutes impose safety and label - ling requirements for specified products, such as: • the Flammable Fabrics Act, 15 USC Section 1191 et seq; • the Labeling of Hazardous Art Materials Act, 15 USC Section 1277; • the Refrigerator Safety Act, 15 USC Section 1211; • the Virginia Graeme Baker Pool and Spa Safety Act, 15 USC Section 8001 et seq; • the Drywall Safety Act of 2012, 5 USC Section 553, 15 USC Sections 2058, 2063; and • the Portable Fuel Container Act of 2020, 15 USC Section 2056d. Industry-Specific Laws Food and drugs The Federal Food , Drug , and Cosmetic Act of 1938 ( FD & C ), 21 USC Section 301 et seq This law charges the Food and Drug Administration (FDA) with ensuring the safety of the USA’s food sup - ply, cosmetics and the safety, efficacy and security of drugs, biological products and medical devices. The law protects the public from adulterated and mis - branded products manufactured and sold in the USA.
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