§2074 — Title 15 Commerce and Trade | U.S. Code

Summary

Following federal consumer product safety rules or orders does not stop someone from being sued or held responsible under state law or common law to another person. If the Commission does not act or start a case about a product’s safety, that inaction cannot be used as evidence in state or common-law lawsuits about the product. Subject to sections 2055(a)(2) and 2055(b) and despite section 2055(a)(1) of this title, accident and investigation reports made by a Commission officer or employee must be public but must not identify injured people or those who treat them without their consent, and reports on research, demonstration projects, and related activities are public information.

Title 15, §2074

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)Subject to section 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.

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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. PreemptionThe 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.

§2074 Private remedies

Summary

Title 15, §2074

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata