15 U.S.C. § 2068 – Prohibited Acts (Consumer Product Safety Act)
Table of Contents
Code Details
From Title 15 — COMMERCE AND TRADE
CHAPTER 47 — CONSUMER PRODUCT SAFETY
Exact Statute Text
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(a) Designation
It shall be unlawful for any person to—
(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;
(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—
(B) subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action;
(C) subject to an order issued under section 2061 or 2064 of this title; or
(D) a banned hazardous substance within the meaning of section 1261(q)(1) of this title;
(3) fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;
(4) fail to furnish information required by section 2064(b) of this title;
(5) fail to comply with an order issued under section 2064(c) or (d) of this title (relating to notification, to repair, replacement, and refund, and to prohibited acts);
(6) fail to furnish a certificate required by this chapter or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of section 2063 of this title (including the requirement for tracking labels) or any rule or regulation under such section;
(7) fail to comply with any rule under section 2058(g)(2) of this title (relating to stockpiling);
(8) fail to comply with any rule under section 2076(e) of this title (relating to provision of performance and technical data);
(9) fail to comply with any rule or requirement under section 2082 of this title (relating to labeling and testing of cellulose insulation);
(10) fail to file a statement with the Commission pursuant to section 2067(b) of this title;
(11) fail to furnish information required by section 2084 of this title.²
(12) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark;
(13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 2061 or 2064 of this title, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this chapter or any other Act enforced by the Commission; or³
(14) exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in section 2063(f)(2) of this title) with respect to the testing, or reporting of the results of testing, of any product for compliance under this chapter or any other Act enforced by the Commission, or to subdivide the production of any children’s product into small quantities that have the effect of evading any third party testing requirements under section 2063(a)(2) of this title;
(15) export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to section 2066(e) of this title) that—
(A) is subject to an order issued under section 2061 or 2064 of this title or is a banned hazardous substance within the meaning of section 1261(q)(1) of this title; or
(B) is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public;
(16) violate an order of the Commission issued under section 2067(c) of this title.
(b) Exception
Paragraphs (1) and (2) of subsection (a) of this section shall not apply to any person (1) who holds a certificate issued in accordance with section 2063(a) of this title to the effect that such consumer product conforms to all applicable consumer product safety rules, unless such person knows that such consumer product does not conform, or (2) who relies in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to an applicable product safety rule.
(Pub. L. 92–573, §19, Oct. 27, 1972, 86 Stat. 1224; Pub. L. 94–284, §§12(b), 13(a), May 11, 1976, 90 Stat. 508, 509; Pub. L. 95–319, §3(b), July 11, 1978, 92 Stat. 390; Pub. L. 95–631, §6(b), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–414, §9(j)(4), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101–608, title I, §112(d), Nov. 16, 1990, 104 Stat. 3117; Pub. L. 110–314, title II, §216(a), Aug. 14, 2008, 122 Stat. 3056; Pub. L. 112–28, §2(b), Aug. 12, 2011, 125 Stat. 279.)
15 U.S.C. § 2068 Summary
This section of the U.S. Code, part of the Consumer Product Safety Act (CPSA), outlines various actions that are deemed unlawful for any person involved in the commerce of consumer products. Essentially, it prohibits the selling, manufacturing, distributing, or importing of consumer products that fail to meet specific safety standards or comply with orders issued by the Consumer Product Safety Commission (CPSC).
The law specifies numerous prohibited acts. These include dealing with products that do not conform to CPSC safety rules or similar regulations, or products that are subject to voluntary corrective actions (recalls), CPSC orders, or are classified as banned hazardous substances. Beyond product conformity, the statute also makes it illegal to obstruct CPSC investigations by refusing access to records or failing to provide required information. It also prohibits the issuance of false safety certificates, non-compliance with CPSC orders related to recalls and remedies, or misrepresentation to CPSC officials. Furthermore, it addresses attempts to improperly influence product testing bodies or to evade testing requirements, especially for children’s products. Certain unauthorized exports of regulated or recalled products are also forbidden.
There are specific exceptions, primarily for individuals who possess a valid CPSC-issued certificate confirming a product’s conformity to safety rules, unless they know the product is non-compliant. An exception also applies to those who genuinely rely on a manufacturer’s or distributor’s representation that a product is not subject to a safety rule.
Purpose of 15 U.S.C. § 2068
The legislative intent behind this statute is to safeguard the public from unreasonable risks of injury or death associated with consumer products. It creates a robust framework for enforcing consumer product safety standards set by the Consumer Product Safety Commission (CPSC). By clearly delineating “prohibited acts,” Congress aimed to deter manufacturers, distributors, retailers, and importers from introducing or keeping unsafe products in the marketplace.
This section serves as a critical enforcement tool for the Consumer Product Safety Act. It ensures accountability across the supply chain, compelling businesses to comply with product safety rules, respond to recall orders, provide accurate information to the CPSC, and maintain transparent testing and certification processes. Without such specific prohibitions, the CPSC’s ability to regulate and ensure product safety would be significantly undermined, leaving consumers vulnerable to potentially dangerous goods. It addresses the inherent power imbalance between large corporations and individual consumers, seeking to level the playing field by mandating adherence to safety protocols.
Real-World Example of 15 U.S.C. § 2068
Imagine a scenario where “SafePlay Toys Inc.” designs and manufactures a line of infant rattles. The Consumer Product Safety Commission (CPSC) has a safety rule under the Consumer Product Safety Act that specifies a maximum diameter for the rattle’s handle to prevent infants from choking. SafePlay Toys Inc. produces rattles with handles that are slightly smaller than the CPSC-mandated minimum, meaning they do not conform to an applicable consumer product safety rule.
If SafePlay Toys Inc. proceeds to “manufacture for sale,” “distribute in commerce,” and “sell” these non-conforming rattles to retailers across the United States, they would be engaging in a prohibited act under 15 U.S.C. § 2068(a)(1).
Later, if the CPSC discovers the violation and issues an order under 15 U.S.C. § 2064 requiring SafePlay Toys Inc. to recall the rattles and offer refunds or replacements, and SafePlay Toys Inc. fails to comply with that order, they would be committing another prohibited act under 15 U.S.C. § 2068(a)(5). Furthermore, if, during the CPSC’s investigation, SafePlay Toys Inc. intentionally provides false information about the product’s design specifications to a CPSC officer, that would be a violation under 15 U.S.C. § 2068(a)(13). Each of these actions demonstrates how this statute targets various steps where businesses might fail to uphold product safety responsibilities.
Related Statutes
Several other statutes are closely connected to 15 U.S.C. § 2068, providing the broader context and specific details that the “Prohibited Acts” section enforces:
- 15 U.S.C. § 2051 et seq. – Consumer Product Safety Act (CPSA): This is the overarching federal law that established the CPSC and grants it authority to regulate consumer products. Section 2068 exists within and derives its power from the CPSA, outlining the specific actions that violate the broader safety mandates of the Act.
- 15 U.S.C. § 2061 – Imminent Hazards: This section grants the CPSC the power to initiate actions in court to seize or ban imminently hazardous consumer products. Prohibited acts under § 2068(a)(2)(C) and (a)(15)(A) include dealing with products subject to orders issued under this imminent hazard authority.
- 15 U.S.C. § 2063 – Product Certification and Testing: This section details requirements for product certification, including the need for tracking labels, and for testing by third-party conformity assessment bodies, especially for children’s products. Violations of these requirements, such as failing to furnish a certificate or attempting to evade testing, are explicitly listed as prohibited acts in § 2068(a)(6) and (a)(14).
- 15 U.S.C. § 2064 – Product Safety; Notification and Repair, Replacement, or Refund; Orders: This crucial section outlines the procedures for manufacturers, distributors, and retailers to report product hazards, and for the CPSC to order recalls, repairs, replacements, or refunds. Many of the prohibited acts in § 2068, such as failing to furnish required information (§ 2068(a)(4)) or failing to comply with CPSC orders related to these remedies (§ 2068(a)(5)), directly stem from obligations defined in § 2064.
- 15 U.S.C. § 1261(q)(1) – Federal Hazardous Substances Act (FHSA) – Banned Hazardous Substances: Referenced directly in § 2068(a)(2)(D) and (a)(15)(A), this definition from the FHSA specifies what constitutes a “banned hazardous substance.” Dealing with such substances is a prohibited act under the CPSA, demonstrating how the CPSA can incorporate prohibitions from other consumer protection statutes enforced by the CPSC.
Case Law Interpreting 15 U.S.C. § 2068
A notable case that illustrates the application of this federal statute is
United States v. Mirama Enterprises, Inc..
In this case, Mirama Enterprises, Inc. was found to have violated 15 U.S.C. § 2068(a)(1) by importing and distributing children’s pajamas that did not comply with federal flammability standards. The court affirmed that the government successfully demonstrated the company’s violations of the Consumer Product Safety Act and its regulations, leading to an injunction prohibiting further sales and requiring a recall of the non-compliant products. This case highlights how the federal government, through the CPSC, enforces these prohibitions against companies that fail to adhere to established safety rules, particularly for products intended for vulnerable populations.
Why 15 U.S.C. § 2068 Matters in Personal Injury Litigation
While 15 U.S.C. § 2068 is a federal statute governing the actions of manufacturers, distributors, and sellers of consumer products, its implications are profoundly significant in Texas personal injury litigation, particularly in product liability cases. Understanding this statute can be crucial for both plaintiffs and defense counsel.
- Evidence of Negligence Per Se: In Texas, if a defendant violates a statute designed to protect a specific class of people from a particular type of harm, and that violation directly causes injury, it can be powerful evidence of negligence per se. A violation of 15 U.S.C. § 2068 — for example, selling a product that doesn’t conform to a CPSC safety rule or failing to comply with a recall order — often provides a strong foundation for arguing negligence per se in a Texas personal injury claim.
- Proof of Product Defect: Evidence that a product was marketed or sold in violation of 15 U.S.C. § 2068 can be compelling proof that the product was defective under Texas product liability law. Whether the defect is in design, manufacturing, or warnings, a CPSC non-conformity or a failure to recall directly strengthens the argument that the product was unreasonably dangerous.
- Supporting Punitive Damages Claims: For particularly egregious violations of consumer product safety regulations, such as knowingly selling banned hazardous substances or intentionally misleading the CPSC, a plaintiff in Texas might use evidence of § 2068 violations to demonstrate gross negligence or malice, supporting claims for punitive damages.
- Discovery and Information Gathering: The statute’s provisions regarding record-keeping, reporting, and furnishing information to the CPSC (e.g., § 2068(a)(3), (4)) are highly relevant during discovery in personal injury lawsuits. These provisions establish an expectation for certain types of documents and data to exist, which plaintiffs’ attorneys can then request from defendants.
- Expert Testimony Validation: Expert opinions on product safety are significantly bolstered when a product’s distribution or manufacturing directly violates a federal safety statute like 15 U.S.C. § 2068.
- Warning and Instruction Deficiencies: If a company fails to provide adequate warnings or instructions required by CPSC rules, and this omission constitutes a prohibited act under § 2068, it can be used to prove a marketing-defect claim in Texas.
For Texas personal injury attorneys and their clients, leveraging violations of 15 U.S.C. § 2068 can be a powerful strategy to establish liability, prove damages, and hold responsible parties accountable for injuries caused by unsafe consumer products.