15 U.S.C. § 2074

Private remedies

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar

(a) Liability at common law or under State statute not relieved by compliance

Compliance with consumer product safety rules or other rules or orders under this chapter shall not relieve any person from liability at common law or under State statutory law to any other person.

(b) Evidence of Commission’s inaction inadmissible in actions relating to consumer products

The failure of the Commission to take any action or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating to such consumer product.

Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding section 2055(a)(1) of this title, (1) any accident or investigation report made under this chapter by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified, and (2) all reports on research projects, demonstration projects, and other related activities shall be public information.

(Pub. L. 92–573, § 25, Oct. 27, 1972, 86 Stat. 1227.)Statutory Notes and Related SubsidiariesEffective 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.

Preemption

The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1977–2023 · leading case: David Cummins v. BIC USA, Inc., 727 F.3d 506 (6th Cir. 2013).

Sort: Relevance Newest Treatment

David Cummins v. BIC USA, Inc., 727 F.3d 506 (6th Cir. 2013). · cites it 6× “Plaintiff moved for a new trial, contending (1) that the court erred in allowing BIC to introduce evidence of the failure of the Consumer Product Safety Commission to take action concerning the lighter that caused CAP’s injuries, in violation of 15 U.S.C. § 2074 (b); and (2)…”

Wilson v. Piper Aircraft Corp., 577 P.2d 1322 (Or. 1978). · cites it 2× “[2] 15 U.S.C. § 2074 (1976). See also 15 U.S.”

Morales v. Am. Honda Motor Co., 151 F.3d 500 (6th Cir. 1998). · cites it 4× “Plaintiffs claim that the district court properly excluded this evidence in light of 15 U.S.C. § 2074 (b) that expressly prohibits the introduction of evidence regarding the CPSC’s inaction relating to consumer products into trial.”

Bic Pen Corp. v. Carter, 171 S.W.3d 657 (Tex. App. 2005). · cites it 2× “See 15 U.S.C. § 2074 (a) (“Compli-anee with consumer product safety rules .”

Churchill Vill., L.L.C. v. Gen. Elec. Co., 169 F. Supp. 2d 1119 (N.D. Cal. 2000). “See 15 U.S.C. § 2074 (a). Other provisions of the CPSA also explicitly envision judicial challenges to conduct otherwise covered by the CPSA.”

Phillips Ex Rel. Williams v. Cricket Lighters, 773 A.2d 802 (Pa. Super. Ct. 2001). “The savings clause of the CPSA, 15 U.S.C. § 2074 (a), in a section entitled "Private Remedies: Liability at common law or under State statute not relieved by compliance," states that: "Compliance with consumer product safety rules or other rules or orders under this act shall…”

Elizabeth Wilson, Individually & as Mother & Next Friend of Ailsa Debold v. Bradlees of New England, Inc., 96 F.3d 552 (1st Cir. 1996). “The standard had been promulgated by the Secretary of Commerce earlier in 1953 as part of a program of voluntary compliance, but was not mandatory until its incorporation into the statute. 3 . Congress has sometimes been taken explicitly to preempt some common-law claims (e.”

Johnston Ex Rel. Johnston v. Deere & Co., 967 F. Supp. 578 (D. Me. 1997). · cites it 2× “ORDER ON THE APPLICABILITY OF 15 U.S.C. § 2074 (b) 1 HORNBY, Chief Judge.”

Hunt v. Blasius, 370 N.E.2d 617 (Ill. App. Ct. 1977). “” Likewise, a general statement is contained in the Consumer Product Safety Act, 15 U.S.C. §2074 (a) (Supp. III 1973): “Compliance with consumer product safety rules or other rules or orders under this chapter shall not relieve any person from liability at common law or under…”

Colon Ex Rel. Molina v. Bic USA, Inc., 136 F. Supp. 2d 196 (S.D.N.Y. 2000). “15 U.S.C. § 2074 (a). BIC argues that the language of 15 U.”

prod.liab.rep. (Cch) P 14,451 Brian Moe Thomas Moe Saundra Moe v. Mtd Prods., Inc., 73 F.3d 179 (8th Cir. 1995). “The Moes argue that the savings clause in the CPSA preserves their failure to warn claim, but they read the clause too broadly.”

Leipart v. Guardian Indus., Inc., 234 F.3d 1063 (9th Cir. 2000). · cites it 2× “In the words of the second saving clause, state common-law tort claims are not pre-empted even where there has been “[cjompliance with consum *1069 er product safety rules” under the CPSA.”

Show all 23 citing cases →

— 15 U.S.C. § 2074(a) — 1 case

Billy Wayne Frith v. BIC Corp. (Miss. 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.