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December 30, 2008

CPSC files suit for late reporting

The CPSC rarely tries to fine companies for late reporting safety issues to them.  And, when they do, the manufacturer and CPSC usually agree on a fine.  It is extremely rare for the CPSC and manufacturer to not agree.  In that event, the only recourse for the CPSC is to sue the manufacturer in federal court.  In over 35 years of existence, the CPSC has done this only a handful of times. 

On December 23, 2008, the CPSC filed suit in the USDC of Minnesota against Wagner Spray Tech.  Wagner complaint.

With passage of the Consumer Product Safety Improvement Act of 2008 and with new commissioners being appointed sometime in 2009 by the new President, the CPSC could radically change.  It is unknown whether this new lawsuit is a sign of a more aggressive enforcement approach to CPSC regulations.  This is something to keep an eye on.

Obviously, increased enforcement can adversely affect any current and future product liability cases.

Kenneth Ross

December 30, 2008 | Permalink


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