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February 23, 2006
Listen to the CPSC on state preemption
Here's a short (12 minute) but enlightening mp3 audio file of the CPSC meeting last week where the CPSC voted to approve a new rule on mattress flammability that includes unacceptable language that CPSC Chairman Stratton hopes will be interpreted by the courts to limit consumer rights to compensation under state common law. While the Consumer Product Safety Act probably already gives the CPSC the right to preempt state legislatures from passing their own mattress flammability rules with differing requirements than the federal rule, this is the first CPSC rule ever that also attempts to assert the right to take away a consumer's longstanding common law right to seek compensation for harms caused by another's negligence. This right also helps police the marketplace when federal standards are inadequate. About the audio file: The first six minutes are boilerplate opening statements by the Chairman and the other two commissioners (although Commissioner Moore expresses concern about the preemption language, he then votes for the rule, which passes 3-0) then Mr. Stratton comes back for 6 minutes or so with his theories on preemption. That's the best part. More info: Our previous blog has links to our opposition letter to the rule. Also see another previous blog, on the broader threat to stronger state health, safety and pocketbook laws being orchestrated by a "merry band" of industry lawyers moving in and out of the Bush Administration.
Posted by Ed Mierzwinski at February 23, 2006 06:42 PM
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