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May 01, 2008

Testimony today on suing foreign manufacturers of dangerous products

On behalf of several leading groups, we testified today in support of the "Protecting Americans from Unsafe Foreign Products Act," H.R. 5913, in the Subcommittee on Commercial and Administrative Law of the House Judiciary Committee. My testimony here; full hearing link. The bill deals with the difficulties injured victims -- such as victims of dangerous toys or other Chinese products -- have in bringing lawsuits against foreign companies. Here is an excerpt from my testimony:

U.S. PIRG believes that for consumers to be assured that products that they buy are safe, we must ensure at least three levels of defense above and beyond any market notions of the supposed adequacy of competition or voluntary standards to protect consumers.

First, federal laws should provide a strong floor of protection and federal regulatory agencies should enforce those laws to both deter wrongdoing and hold wrongdoers accountable.

Second, states should be allowed to enact and enforce stronger laws and state attorneys general -- often the toughest cops on the consumer beat -- should be allowed to enforce both state and federal laws to the greatest extent possible, with full authority to impose penalties, recover damages and restitution as well as to obtain injunctive relief.

Third, consumers should have the right to adequate redress -- without roadblocks -- to bring private actions against wrongdoers to obtain compensation for their injuries or damages and to deter further wrongdoing.

A combination of these three pillars of consumer protection--strong federal enforcement, strong state enforcement and strong private enforcement -- is the best protection against unsafe products.

The CPSC proposals before Congress largely address the first, and somewhat the second, pillars. The proposed legislation by Chairwoman Linda Sanchez (D-CA) addresses the third. It makes it easier for consumers to obtain justice. My testimony was on behalf of U.S. PIRG, Consumer Federation of America, Consumers Union and Public Citizen.

Posted by Ed Mierzwinski at May 1, 2008 12:15 PM


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