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September 17, 2007

NYTimes: Beware industry seeking gifts

There's a big story and a couple of fine editorials in the Sunday New York Times regarding the response of the toy, food, tobacco and many other industries to a variety of pressures, including but not at all limited to the massive public outcry over dangerous products being imported from China. Of course, a second goal of industry is to convince Congress that the price of federal regulation, no matter how insignificant its provisions, must be to permanently preempt or limit the authority of state legislators and state enforcement agencies including those pesky state Attorneys General to protect consumer, worker and environmental health, safety and financial well-being. Their goals even extend to eliminating the right of injured consumers to seek compensation in state courts. The front page story by Eric Lipton and Gardiner Harris is called In Turnaround, Industries Seek U.S. Regulation:

For toys and cars, antifreeze and fireworks, popcorn and produce and cigarettes and light bulbs, among other products, industry groups or major manufacturers are calling for federal health, safety and environmental mandates. Some of those industries are abandoning years of efforts to block such measures, often in alliance with the Bush administration, which pledged to ease what it views as costly, unnecessary rules.

Of course, in the story, I point out that lawmakers need to be careful: "I am worried about industry lobbyists bearing gifts...Their ultimate goal is regulation that protects them, not the public." Similarly, Georgetown law professor David Vladeck says, restating a point made in his recent Senate testimony, that industry seeks preemption as a condition of enhanced federal regulation: "This is Christmas. This is their wish list."

The Times also has two related editorials Sunday, the first is called The Need for Regulation: For All of the Nation's Imports and the second is The Need for Regulation: And Especially Our Children's Toys. And Monday's Wall Street Journal has a similar story by Jane Zhang: Food Makers Get Appetite for Regulation (pd. subs. req'd.) Our previous blogs on preemption and on industry's motives.

Posted by Ed Mierzwinski at September 17, 2007 04:26 AM


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