§2073 Additional Enforcement of Product Safety Rules and Section 2064 Orders

Summary

Anyone — a person, group, business, or nonprofit — can sue in federal court to enforce a consumer product safety rule or an order under section 2064 and ask the court to stop the unsafe conduct. The person must mail a registered notice at least 30 days before suing to the Consumer Product Safety Commission, the U.S. Attorney General, and the defendant. The notice must explain the problem, the relief wanted, and which court will hear the case. If the same alleged violation is already the subject of a pending U.S. civil or criminal action under this law, a separate suit cannot be started. The court may make the losing side pay court costs, including reasonable lawyers’ and expert witness fees. The state attorney general or another authorized state officer can sue for certain violations in section 2068 that affect the state or its residents to get injunctive relief. The state must give the Commission written notice at least 30 days before filing, unless the Commission agrees to an earlier filing or the state says a serious product hazard requires immediate action — then the state can file right after notifying the Commission. Notice can be by email, fax, or other accepted means, and the state must give the Commission a copy of the complaint. The Commission may join the case and appeal. States keep their normal state powers. If the same claim is already before the United States, the state usually cannot start a separate suit, except for claims under parts (1) or (2) of section 2068(a). Private lawyers helping a state may not share or reuse privileged or work-product material from the state case in other private suits about the same facts.