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15 U.S.C. § 2073 — Additional enforcement of product safety rules and section 2064 orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any interested person (including any individual or nonprofit, business, or other entity) may bring an action in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under [section 2064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064&num=0&edition=prelim), and to obtain appropriate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested person shall give notice by registered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with [section 2060(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060/f&num=0&edition=prelim)) and reasonable expert witnesses’ fees.
**(b) State Attorney General enforcement**
(1) **Right of action** — Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 2068(a)(1), (2), (5), (6), (7), (9), or (12) of this title that affects or may affect such State or its residents may bring an action on behalf of the residents of the
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Stable record: federal_law:legal_authorities:record_usc_2abd15bd0182fc22f94de259
Source file: Laws/federal/codes/united-states-code/title-15/section-2073-additional-enforcement-of-product-safety-rules-and-section-2064-orders--c4a2951065.md
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Passage SHA-256: 307bc07ea627da3edd1d5bb463a62816ce02f086bcaae8e50b098d07fd59aff5
Source location: Title 15, Chapter 47, § 2073; chapter-047-consumer-product-safety.md
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**(a) In general** Any interested person (including any individual or nonprofit, business, or other entity) may bring an action in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under [section 2064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064&num=0&edition=prelim), and to obtain appropriate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested person shall give notice by registered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with [section 2060(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060/f&num=0&edition=prelim)) and reasonable expert witnesses’ fees.
**(b) State Attorney General enforcement**
(1) **Right of action** — Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 2068(a)(1), (2), (5), (6), (7), (9), or (12) of this title that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief.
(2) **Initiation of civil action**
(A) *Notice to Commission required in all cases* — A State shall provide written notice to the Commission regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint.
(B) *Filing of complaint* — A State may initiate the civil action by filing a complaint—
(i) at any time after the date on which the 30-day period ends; or
(ii) earlier than such date if the Commission consents to an earlier initiation of the civil action by the State.
(C) *Actions involving substantial product hazard* — Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the State’s determination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in [section 2064(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/a&num=0&edition=prelim)).
(D) *Form of notice* — The written notice required by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commission.
(E) *Copy of complaint* — A State shall provide a copy of the complaint to the Commission upon filing the complaint or as soon as possible thereafter.
(3) **Intervention by the Commission** — The Commission may intervene in such civil action and upon intervening—
(A) be heard on all matters arising in such civil action; and
(B) file petitions for appeal of a decision in such civil action.
(4) **Construction** — Nothing in this section, [section 1264(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1264/d&num=0&edition=prelim), [section 1477 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1477&num=0&edition=prelim), or [section 1194(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1194/a&num=0&edition=prelim) shall be construed—
(A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or
(B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.
(5) **Limitation** — No separate suit shall be brought under this subsection (other than a suit alleging a violation of paragraph (1) or (2) of [section 2068(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068/a&num=0&edition=prelim)) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter.
(6) **Restrictions on private counsel** — If private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not—
(A) share with participants in other private civil actions that arise out of the same operative facts any information that is—
(i) subject to attorney-client or work product privilege; and
(ii) was obtained during discovery in the action under paragraph (1); or
(B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts.
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Federal law — U.S. Code and appendices · legal_authorities
The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of [section 2073(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073/b&num=0&edition=prelim) shall apply to any such action.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1477
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce;
(2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately;
(3) the public should be protected against unreasonable risks of injury associated with consumer products;
(4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers;
(5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and
(6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter.
**(b)** The purposes of this chapter are—
(1) to protect the public against unreasonable risks of injury associated with consumer products;
(2) to assist consumers in evaluating the comparative safety of consumer products;
(3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and
(4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2051
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this chapter:
(1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
(3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim).
(5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2052
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Substantial product hazard” defined** For purposes of this section, the term “substantial product hazard” means—
(1) a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or
(2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.
**(b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer** Every manufacturer of a consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in [section 30102(a)(7) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30102/a/7&num=0&edition=prelim) 11 See References in Text note below.), distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product—
(1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim);
(2) fails to comply with any other rule, regulation, standard, or ban under this chapter or any other Act enforced by the Commission;
(3) contains a defect which could create a substantial product hazard described
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2064
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement under Federal Trade Commission Act provisions; civil action to enforce standard or regulation** Except as otherwise specifically provided herein, sections 1192, 1194, 1195, and 1197(b) of this title shall be enforced by the Commission under rules, regulations and procedures provided for in the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. In the case of an attorney general of a State alleging a violation of a standard or regulation under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim) that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of [section 2073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073&num=0&edition=prelim) shall apply to any such action.
**(b) Application of Federal Trade Commission Act provisions** The Commission is authorized and directed to prevent any person from violating the provisions of [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim) in the same manner, by the same means and with the same jurisdiction, powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] were incorporated into and made a part of this chapter; and any such person violating any provision of [section 1192 of this title](ht
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1194
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties** Any person who violates any of the provisions of [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&num=0&edition=prelim) shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $500 or to imprisonment for not more than ninety days, or both; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than 5 years, a fine determined under [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), or both.
**(b) Exceptions** No person shall be subject to the penalties of subsection (a) of this section, (1) for having violated [section 1263(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263/c&num=0&edition=prelim), if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee duly designated by the Commission, the name and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or (2) for having violated [section 1263(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263/a&num=0&edition=prelim), if he established a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardou
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1264
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Federal law — U.S. Code and appendices · legal_authorities
Page 1754
TITLE 15—COMMERCE AND TRADE
§ 2072
ralty. Whenever such proceedings involving sub-
stantially similar consumer products are pend-
ing in courts of two or more judicial districts
they shall be consolidated for trial by order of
any such court upon application reasonably
made by any party in interest upon notice to all
other parties in interest.
(Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225;
Pub. L. 94–284, §§ 11(b), 12(c), May 11, 1976, 90
Stat. 507, 508.)
Editorial Notes
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–284, §§ 11(b), 12(c)(1), des-
ignated existing provision as par. (1) and (3), added par.
(2), and in provision following par. (3) substituted
‘‘(without regard to section 2076(b)(7)(A) of this title)’’
for ‘‘(with the concurrence of the Attorney General)’’.
Subsec. (b). Pub. L. 94–284, § 12(c)(2), amended subsec.
(b) generally, inserting provision designated as par. (2)
which included within consumer products liable to pro-
ceedings, a product of which the manufacture for sale,
offering for sale, distribution in commerce, or importa-
tion into the United States has been prohibited.
Statutory Notes and Related Subsidiaries
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.
§ 2072. Suits for damages
(a) Persons injured; costs; amount in controversy
Any person who shall sustain injury by reason
of any knowing (including willful) violation of a
consumer product safety rule, or any other rule
or order issued by the Commission may sue any
person who knowingly (including willfully) vio-
lated any such rule or order in any district court
of the United States in the district in which the
defendant resides or is found
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2073
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.