USA Law and Practice Contributed by: Trevor Keenan, Michelle Byers and Curtis Berglund, Campbell Conroy & O’Neil, P.C.
CPSC The CPSC regulates consumer products by developing standards and issuing recalls and bans on products in the USA under certain cir - cumstances. Its regulations are set forth in the Code of Federal Regulations (CFR), Title 16. FAA The FAA regulates airworthiness standards for aircraft and aircraft equipment. Its regulations can be found in the CFR, Title 14. FDA The FDA regulates and safeguards food, cos - metics, drugs, biological products, medical devices and tobacco products. The FDA’s regu - lations are set forth in the CFR, Title 21. NHTSA The NHTSA regulates highway and vehicle safe - ty, establishes and enforces FMVSS, and issues motor vehicle and component part recalls. The NHTSA regulations can be found in the CFR, Title 49. FTC The FTC investigates violations and enforces consumer protection laws and federal antitrust laws. FTC rules are published in the CFR, Title 16. EPA The EPA regulates chemical products, pesti - cides, airline emissions, and air and water quality standards. The EPA’s regulations are set forth in the CFR, Title 40. 1.3 Obligations to Commence Corrective Action Corrective action, such as product recalls, can be requested or required by the CPSC, FDA and NHTSA.
• the Children’s Gasoline Burn Prevention Act, 5 USC Section 553, 15 USC Section 2058 (2008); • the Child Nicotine Poisoning Prevention Action of 2015, 15 USC Section 1471 et seq; • the Safe Sleep for Babies Act of 2021, Pub L 117–126, 136 Stat 1208; • Reese’s Law, Pub L 117–171, 136 Stat 2094 (2022) (mandating federal safety requirements for button cell or coin batteries); and • the Stop Tip-overs of Unstable, Risky Dress - ers on Youth (STURDY) Act, HR 2617 (2022) (imposing mandatory furniture tip-over stand - ards). Consumer protection The Federal Trade Commission Act (FTCA), 15 USC Section 41 et seq The FTCA established the Federal Trade Com - mission (FTC) and empowered it to: • prevent unfair methods of competition or unfair and deceptive acts and practices affecting commerce; • seek relief for conduct that harms the public; and • prescribe rules defining and preventing unfair or deceptive acts or practices. State laws Product safety laws at the state level can vary widely and may be enforceable both by private action and through state attorneys general. 1.2 Regulatory Authorities for Product Safety The main regulators of product safety in the USA are the CPSC, FAA, FDA, NHTSA, FTC and EPA. Their authority to regulate product and consum - er safety is defined by statute.
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