{
  "id": "R45174",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R45174",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 584249,
      "date": "2018-04-24",
      "retrieved": "2018-08-29T15:35:13.241355",
      "title": "The Consumer Product Safety Act: A Legal Analysis",
      "summary": "The Consumer Product Safety Commission (CPSC or Commission) was established in 1972 by the Consumer Product Safety Act (CPSA) \u201cto protect the public against unreasonable risks of injury associated with consumer products.\u201d The CPSC is empowered to meet this objective through a blend of consumer monitoring, research, investigations, safety standard-setting, and enforcement powers. The Commission\u2019s jurisdiction under the CPSA is largely governed by the definition of \u201cconsumer product,\u201d which is broad in scope, although a number of products that generally are regulated by other federal agencies are explicitly carved out of the definition. The term includes products that are manufactured domestically, as well as hundreds of billions of dollars\u2019 worth of consumer products that are manufactured outside of the U.S. and imported into the country each year. It encompasses over approximately 10,000 types of products from baby strollers, cribs, and bath seats, to cigarette lighters and matchbooks, to lawn mowers, garage door openers, and television antennas, to name a few. The CPSC estimates that covered consumer products play a role in over $1 trillion of costs to the country annually in the form of deaths, illnesses, injuries, and property damage.\nGiven this broad statutory mandate and the impact consumer products have on the day-to-day lives of the general public, the CPSC has been of perennial interest to Congress. Congress conducts oversight hearings on the Commission, and bills that would affect the CPSC are introduced in virtually every Congress. In the 115th Congress, for example, bills have been introduced that would expand the Commission\u2019s regulatory jurisdiction and require the Commission to promulgate mandatory safety rules involving certain products. \nThis report provides a legal overview of the CPSC\u2019s structure, jurisdiction, and statutory powers under the CPSA.\nKey Takeaways of This Report\nWhile the CPSC has the authority to issue mandatory consumer product safety rules under some circumstances, in most instances, the CPSA requires the Commission to defer to \u201cvoluntary consumer product safety standards\u201d that are predominately drafted and developed by private industry.\nAlthough the Commission has authority to order companies to engage in various corrective actions (i.e., recalls) to address hazardous consumer products, the Commission generally may only exercise this authority after conducting an administrative hearing, and any entity that is adversely affected by such an order can challenge the action in federal court. Consequently, in most circumstances, before initiating an involuntary corrective action order, the Commission will attempt to negotiate voluntary actions the company can take to correct product hazards.\nThe CPSA, among other things, makes it unlawful to sell, distribute, or import consumer products that are not in compliance with a CPSC-issued safety rule or corrective action order. \nViolations of the CPSA can result in civil and criminal penalties.",
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      "typeId": "REPORTS",
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  "topics": [
    "American Law"
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}