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15 U.S.C. § 2074 — Private remedies

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2074 — Private remedies

**(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. **(c) Public information** Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding [section 2055(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2055/a/1&num=0&edition=prelim), (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.

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Stable record: federal_law:legal_authorities:record_usc_fa874518e357169c9c38f715
Source file: Laws/federal/codes/united-states-code/title-15/section-2074-private-remedies--d283d358f2.md
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Passage SHA-256: 1a7a06a456a48434c074be4b7d8aa5dbed62ee4931ff18c91817f2df0d49d3a8

Source location: Title 15, Chapter 47, § 2074; chapter-047-consumer-product-safety.md

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**(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. **(c) Public information** Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding [section 2055(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2055/a/1&num=0&edition=prelim), (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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2051 — Congressional findings and declaration of purpose

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2074 — Private remedies

Page 1755 TITLE 15—COMMERCE AND TRADE § 2074 (b) State Attorney General enforcement (1) Right of action Except as provided in paragraph (5), the at- torney 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 de- fendant is found or transacts business to ob- tain 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 Commis- sion 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 de- termination 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). (D) Form of notice The written notice required by this para- graph may be provided by electronic mail, facsimile machine, or any other means of communication

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