U.S. Code » Title 15 » Chapter CHAPTER 47— CONSUMER PRODUCT SAFETY

15 U.S.C. § 2057

Banned hazardous products

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Whenever the Commission finds that—(1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of injury; and(2) no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product,the Commission may, in accordance with section 2058 of this title, promulgate a rule declaring such product a banned hazardous product.(Pub. L. 92–573, § 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 97–35, title XII, § 1203(c), Aug. 13, 1981, 95 Stat. 713.)Editorial NotesAmendments

1981—Pub. L. 97–35 substituted “may, in accordance with” for “may propose and, in accordance with”.

Statutory Notes and Related SubsidiariesEffective Date of 1981 Amendment

Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1976–2024 · leading case: Zen Magnets, LLC v. Consum. Prod. Saf. Comm'n, 841 F.3d 1141 (10th Cir. 2016).
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Zen Magnets, LLC v. Consum. Prod. Saf. Comm'n, 841 F.3d 1141 (10th Cir. 2016). · cites it 4× “” 15 U.S.C. § 2057 . There is no further discussion of the term “ban.”
Finnbin, LLC v. CPSC, 45 F.4th 127 (D.C. Cir. 2022). · cites it 4× “15 U.S.C. § 2057 . In banning products, the CPSC must follow the procedures that govern its general power to promulgate safety standards.”
Consum. Prod. Saf. Comm'n v. GTE Sylvania, Inc., 447 U.S. 102 (1980). “§ 2056, and to ban hazardous products, 15 U. S. C. § 2057 . *105 Section 6 of the CPSA, 86 Stat.”
Manning v. Caldwell for City of Roanoke, 930 F.3d 264 (4th Cir. 2019). “See Transcript of Oral Argument at 35-36, Dimaya , 138 S. Ct. 1204 ("We might do a wonderful job of pruning the United States Code if we said that every civil statute that is not written with the specificity that is required by criminal statute is unconstitutionally vague.”
TX Assn of Mfrs. v. CPSC, 989 F.3d 368 (5th Cir. 2021). · cites it 2× “5 15 U.S.C. § 2057 . 6 Consumer Product Safety Improvement Act of 2008, Pub.”
Antwaun A. Ex Rel. Muwonge v. Heritage Mut. Ins., 596 N.W.2d 456 (Wis. 1999). · cites it 2× “The dust and debris associated with paint-laden crumbling plaster is indistinguishable from the dust and debris associated with only the peeling paint.”
Jayvee Brand, Inc. v. United States of Am., 721 F.2d 385 (D.C. Cir. 1983). “, 15 U.S.C. §§ 2057 , 2058 (1976). As a general rule, regulations are an exercise of quasi-legislative administrative authority.”
Vicki Lynn Drake v. Honeywell, Inc. v. Wagoner Water Heater Co., Inc., 797 F.2d 603 (8th Cir. 1986). “§ 2056 (a) (1982); to ban hazardous products, 15 U.S.C. § 2057 (1982); to regulate stockpiling of products to which a consumer product safety rule applies, 15 U.”
C.P. Chem. Co., Inc. v. United States of Am. & U.S. Consum. Prod. Saf. Comm'n, 810 F.2d 34 (2d Cir. 1987). “1983), that the ban was improper because it was promulgated under the procedures of the CPSA, 15 U.S.C. §§ 2057 , 2058, 2079(d), rather than under the appropriate procedures of the Federal Hazardous Substances Act, 15 U.”
Ronald Zepik v. Tidewater Midwest, Inc., 856 F.2d 936 (7th Cir. 1988). “Banning a product involves the same procedures as issuing a standard, 15 U.S.C. § 2057 (1982), although the recall procedure is somewhat more streamlined, 15 U.”
Riegel Textile Corp. v. Celanese Corp., 649 F.2d 894 (2d Cir. 1981). “15 U.S.C. §§ 2057 , 2058. Section 2059 of the CPSA authorizes “interested persons,” including consumers or consumer organizations, to petition the CPSC to commence a proceeding for the issuance, amendment, or revocation of a consumer product safety rule; that is, a consumer…”
United States v. One Hazardous Prod. Consisting of a Refuse Bin, 487 F. Supp. 581 (D.N.J. 1980). · cites it 4× “Section 8 of the Consumer Product Safety Act, 15 U.S.C. § 2057 , delegates to the Commission authority to promulgate rules declaring certain consumer products to be “banned hazardous product[s].”
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