New muscle for the CPSC: the Consumer Product Safety Commission has been steadily drained of resources since its birth in 1972, but recent reform legislation has given it new power to protect consumers. How well the agency exercises it remains to be seen.
In February 2006, four-year-old Jarnell Brown died when he swallowed a toy. The Centers for Disease Control and Prevention Centers for Disease Control and Prevention (CDC), agency of the U.S. Public Health Service since 1973, with headquarters in Atlanta; it was established in 1946 as the Communicable Disease Center. reports that each year, 873 children ages 14 and under die from airway obstruction Airway obstruction is a respiratory problem caused by increased resistance in the bronchioles (usually from a decreased radius of the bronchioles) that reduces the amount of air inhaled in each breath and the oxygen that reaches the pulmonary arteries. injuries, some of them caused by choking on toys. (1)
But Jarnell did not choke to death. He died of "lead encephalopathy lead encephalopathy
A rapidly developing encephalopathy caused by the ingestion of lead compounds and seen particularly in early childhood, marked by convulsion, delirium, hallucination, and other cerebral symptoms related to chronic lead poisoning. "--severe brain swelling brain swelling
A localized or generalized increase in the bulk of brain tissue due to congestion or edema. caused by ingesting a charm that was found to be 99.1 percent lead (2) The heart-shaped charm was attached to a bracelet that was given away with the purchase of Reebok Ree´bok`
n. 1. (Zool.) The peele. shoes. A Reebok spokesperson told the press that the bracelets were made by an independent vendor in China. (3)
The U.S. Consumer Product Safety Commission (CPSC CPSC Consumer Product Safety Commission (US)
CPSC Computer Science (course)
CPSC Canadian Plastics Sector Council (Ottawa, ON, Canada)
CPSC Chemical Processing Safety Committee ) estimates that, in recent years, about 28,200 consumers have died each year from preventable injuries related to consumer products. (4) Jarnell's case was different from most of these: It was noticed. Widespread press coverage of the boy's death, coupled with a rash of agency recalls aimed at lead in toys and renewed interest by a Democratic-controlled Congress, spurred an examination of the CPSC, the agency responsible for regulating the safety of over 15,000 consumer products.
The CPSC is an independent federal regulatory agency regulatory agency
Independent government commission charged by the legislature with setting and enforcing standards for specific industries in the private sector. The concept was invented by the U.S. born of the 1960s-era consumer movement. In 1968, President Lyndon Johnson, responding to the public's demand for safer products, established the National Commission on Product Safety. When the commission found that an estimated 20 million Americans were injured annually by consumer products--and approximately 30,000 were killed--Congress established the CPSC when it passed the Consumer Product Safety Act of 1972. (5)
Almost from its inception, the agency has been subject to political pressure from Congress, the consumer product industry, and consumer interest groups. It was nearly abolished by two presidents, Jimmy Carter and Ronald Reagan. Its annual budget is one of the smallest of any federal health and safety agency--about $50 million to $60 million over the last several years. Compare this to the roughly $1.5 billion budget of the FDA FDA
Food and Drug Administration
n.pr See Food and Drug Administration.
n.pr the abbreviation for the Food and Drug Administration. , another federal agency charged with keeping consumers safe.
Originally, the commission was to be composed of five commissioners, with no more than three affiliated with the same political party. In 1986, Congress restricted funds for commissioners' salaries, and since then, the CPSC has functioned with only three commissioners. In addition, its staff has been severely cut. The agency now has fewer than 500 full-time employees, down from about 900 in the late 1970s.
The CPSC's status as an underfunded un·der·fund
tr.v. un·der·fund·ed, un·der·fund·ing, un·der·funds
To provide insufficient funding for.
underfunded adj → infradotado (económicamente) agency, while known in Washington, usually comes as a surprise to those living outside the Beltway. Despite what many consumers believe, the CPSC does not test products before they reach the market. As a New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times article published last year noted, "[A] lone employee is charged with testing suspected defective toys" that have already reached the market. (6)
The agency limped along in its weakened condition at a time when the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. has been importing many more consumer products, especially toys. According to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. the Consumers Union, which publishes Consumer Reports, the number of China-made products recalled by the CPSC has doubled in the last five years. Chinese products now account for two-thirds of the products the agency regulates. And according to the Toy Industry Association The Toy Industry Association, Inc. (TIA) is the not-for-profit trade association for producers and importers of toys and youth entertainment products sold in North America, representing over 500 companies who account for approximately 85% of domestic toy sales. , toys manufactured in China make up 70 percent to 80 percent of all toys sold in the United States. (7)
The influx of foreign products like the one that killed Jarnell Brown drew new attention to the reality that under the commission's traditional way of doing business, it could take years to make products on the current market safer. There were two main reasons for this.
First, the CPSC's procedures promoted the creation Of voluntary standards negotiated with the industry. And in cases where the situation was serious enough to bypass voluntary standards, or in cases where no agreement could be reached on those standards, the agency had to initiate long rule-making processes, during which manufacturers could slow the agency's investigation of a product's safety. Second, reductions in the agency's budget and staff meant it was ill-equipped to investigate products and work on rule-makings.
Under the Bush administration, some consumer groups and trial lawyers argued, a third problem with the commission emerged: The agency took liberties to change the law, but not through the legal rule-making process. In a rule-making set to take effect July 1, 2007, addressing flammability flam·ma·ble
Easily ignited and capable of burning rapidly; inflammable.
[From Latin flamm of mattresses, the agency added language in the preamble of the rule preempting states' rights states' rights, in U.S. history, doctrine based on the Tenth Amendment to the Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. of legal action. (8)
The language declared that "the federal standard will preempt pre·empt or pre-empt
v. pre·empt·ed, pre·empt·ing, pre·empts
1. To appropriate, seize, or take for oneself before others. See Synonyms at appropriate.
a. all non-identical state requirements" (including more strict safety standards Safety standards are standards designed to ensure the safety of products, activities or processes, etc. They may be advisory or compulsory and are normally laid down by an advisory or regulatory body that may be either voluntary or statutory. ) and declared that the preemption preemption
U.S. policy that allowed the first settlers, or squatters, on public land to buy the land they had improved. Since improved land, coveted by speculators, was often priced too high for squatters to buy at auction, temporary preemptive laws allowed them to acquire provisions preempted "court-created requirements." In one short preamble, the small agency had declared the executive branch more powerful than the judiciary and had taken away states' rights to improve safety standards for products sold within their borders.
So as 2007 began, consumer advocates saw the CPSC as a weak agent of consumer protection. The agency's budget had been cut; many of its long-time employees had left; its commissioners had been reduced from five to three; and it had begun making legally questionable declarations about the constitutional balance of power among branches and levels of government. But now a Democratic-controlled Congress was in office, and cases such as Jarnell Brown's had come to light, just when Americans' concern over the importation of unsafe products from overseas was growing.
After an unprecedented number of toys were recalled in 2007, parents, consumer protection groups, and some toy retailers called for radical change. On August 14, 2008, they got it: Congress passed, and President Bush signed, the first significant legislation (since the agency was created) to give the commission new regulatory muscle to more vigorously police product safety. (9) It included new funding and power for the agency, specific safety standards for some products, and important language clearly stating that the federal product safety laws the CPSC enforces do not preempt state common or statutory law.
Time for reform
Both the House and Senate Commerce Committees initially drafted legislation to reform the CPSC in 2007. Both bills--S. 2045, authored by Sens. Daniel Inouye Daniel Ken Inouye (born September 7 1924) is a recipient of the Medal of Honor and currently serves as the senior United States Senator from Hawaii. He has been a senator for over forty years, since 1963, a distinction that few senators have achieved, and is currently the third (D-Haw.) and Mark Pryor
Mark Lunsford Pryor (born January 10, 1963) is a Democratic politician in Arkansas. He is the state's junior U.S. Senator. (D-Ark.), and H.R. 4040, introduced by Rep. Bobby Rush
Bobby Lee Rush (born November 23 1946) has been a Democratic member of the United States House of Representatives since 1993, representing the 1st District of Illinois, (D-Ill.)--would significantly increase the agency's budget. The bills instructed the commission to hire more staff and increased its civil penalties cap from $1.25 million to $10 million in the House version originally introduced, and $100 million in the original Senate version.
By last spring, both the Senate and House passed their versions of the bill and began to "conference" the legislation together, working out the differences between the two versions to produce a single compromise bill. One of the issues addressed--with help from pressure from consumer groups and trial lawyers--was preemption. Consumer advocates in Congress and the CPSC were concerned by the Bush administration's attempt to preempt state statutory and court authority in the 2007 mattress flammability standard. (10) Some agreed-upon language began to solve the issue, by declaring that the agency was prohibited from including regulatory language that established preemption--even if that language was in a preamble, or statement of policy.
In addition, a new civil penalties cap was agreed upon Adj. 1. agreed upon - constituted or contracted by stipulation or agreement; "stipulatory obligations"
noncontroversial, uncontroversial - not likely to arouse controversy : the CPSC would now be able to fine wrongdoers up to $15 million, up from $1.25 million.
But as of early July, with the August recess soon to begin and the congressional clock ticking, several issues posed hurdles to reaching a final agreement, including the public disclosure of product information and a ban on the use of chemicals called phthalates Phthalates, or phthalate esters, are a group of chemical compounds that are mainly used as plasticizers (substances added to plastics to increase their flexibility). They are chiefly used to turn polyvinyl chloride from a hard plastic into a flexible plastic. in children's toys.
Public disclosure. Until now, the law on public disclosure of information about potentially hazardous products began with the warning that "all information obtained by the commission shall be considered confidential and not be disclosed." Section 6(a) (3) of the Consumer Product Safety Act went on to say that before disclosing any information that would allow consumers to identify the manufacturer or private labeler of a potentially hazardous product, the commission must "offer the manufacturer or private labeler an opportunity to mark such information as confidential" and bar it from disclosure. (11)
Specifically, 30 days before releasing information, the commission would have to notify the manufacturer, provide a summary of the information, and allow the company a "reasonable opportunity" to submit comments to the commission regarding the information. (12) Although business groups said this language protected legitimate trade secrets, consumer advocates believed this procedure allowed those suspected of introducing hazardous products into the stream of commerce to cover up their actions.
When the Senate passed its version of the legislation in early 2008, the bill's language shortened the time a manufacturer had to answer a commission notification from 30 to 15 days, and it required the commission to post on its Web site a publicly available, searchable database Refers to databases on the Web that are searchable by typing in a query. The term is quite redundant because all databases are searchable. In fact, that is one of their major features. including any reports of injury, illness, or death related to a product. (13)
The House bill, which passed in December 2007, also reduced the manufacturer's response time to 15 days but included a weaker version of the database provision. The House version asked the commission to evaluate its current system of gathering product hazard information from across the country. This system, called the Injury Information Clearinghouse, contains statistical, summary, and other information gleaned from hospital emergency room cases and other sources, such as death certificates. Agency employees provide information to those who request it directly from the agency.
Specifically, the House bill ordered the commission to
examine ... the efficacy of the Injury Information Clearinghouse maintained by the commission ... and [to] transmit to Congress ... a detailed plan for maintaining and categorizing such information on a searchable Internet database to make the information more easily available and beneficial to consumers, with due regard for the protection of personal information. (14)
Consumer groups argued that the House version would not give the public the information it needs. But some members of the House Energy and Commerce Committee believed that publishing uninvestigated injury data would be unfair to manufacturers. A compromise on the issue would have to be reached before the CPSC's long-overdue reform could take place.
Phthalates. Because of the difficulty of establishing more stringent product-safety standards through the CPSC's rule-making process, consumer advocates have taken advantage of the rare times when Congress passed any bill on a CPSC matter to add new product standards to the proposed legislation.
On 13 occasions, Congress has banned and recalled products, outlined specific standards for products, and directed the promulgation PROMULGATION. The order given to cause a law to be executed, and to make it public it differs from publication. (q.v.) 1 Bl. Com. 45; Stat. 6 H. VI., c. 4.
2. of specified standards for products. At times, Congress performed these actions by placing the product under the jurisdiction of the Consumer Product Safety Act. At other times, lawmakers bypassed the act by directly ordering bans, recalls, or standards in stand-alone or other legislation--usually with the strong encouragement of trial lawyers and consumer groups.
For instance, Congress directed the CPSC to recall lead-lined drinking water drinking water
supply of water available to animals for drinking supplied via nipples, in troughs, dams, ponds and larger natural water sources; an insufficient supply leads to dehydration; it can be the source of infection, e.g. leptospirosis, salmonellosis, or of poisoning, e.g. coolers that leached lead into drinking water and banned the sale of butyl nitrite butyl nitrite
A colorless, volatile liquid, C4H9NO2, that is marketed in some household room deodorizers and used illicitly to induce euphoria and enhance sexual stimulation.
Noun 1. and alkyl alkyl /al·kyl/ (al´k'l) the monovalent radical formed when an aliphatic hydrocarbon loses one hydrogen atom.
n. nitrite--chemicals that had been used as "club drugs Club Drugs Definition
Club drugs is the generic term for psychoactive drugs, usually illegal, that are used by participants of the rave and dance club and recreational drug subculture. ." It also banned the sale of small balls (with a diameter of 1.75 inches or less) made for children under the age of three. (15)
On some occasions, Congress directed the agency to develop specific standards for products such as refrigerator doors and cellulose insulation The word cellulose comes from the French word for a living cellule and glucose, which is sugar. Insulation is the non conducting material used to separate the internal climate and sounds of a building from external climate and sounds. . (16) The two versions of the CPSC reform bill took different approaches to the question of specific product standards. Both bills set standards for the amount of lead that could be contained in products. But beyond that, the language of the bills varied dramatically.
The Senate version included safety standards for four-wheeled all-terrain vehicles (ATVs), residential garage door operators, and equestrian helmets. It also gave the CPSC deadlines for issuing rules relating to relating to relate prep → concernant
relating to relate prep → bezüglich +gen, mit Bezug auf +acc portable generators and cigarette lighters. But the most controversial product-specific language of the Senate bill concerned phthalates.
Phthalates are chemicals used to soften plastics. The Senate version of the bill proposed to ban certain phthalates from children's products under the Federal Hazardous Substances Act. Some states, such as California, recently restricted the chemicals' use because of evidence that they might affect children's hormonal and neurological neurological, neurologic
pertaining to or emanating from the nervous system or from neurology.
evaluation of the health status of a patient with a nervous system disorder or dysfunction. systems and possibly cause cancer. (17)
The House bill differed in key respects. Aside from the lead standards, it did not address any specific product's safety. But Senate Democrats were insistent on keeping the phthalates ban.
As members of the two chambers went to conference to put together a compromise, it looked doubtful that agreement could be reached on this issue. As Rep. Joe Barton Joseph Linus "Joe" Barton (born September 15, 1949) is a Republican politician, representing Texas's At-large congressional district (map) in the U.S. House of Representatives since 1985. Biography
Barton was born in Waco, Texas to Bess Wynell Buice and Larry Linus Barton. (R-Tex.), the powerful ranking member In United States politics, the ranking member or ranking minority member is a member of a congressional committee from the minority party, frequently the member with the highest seniority. of the House Energy and Commerce Committee--and the phthalate Phthal´ate
n. 1. (Chem.) A salt of phthalic acid. ban's chief critic--said, members would "have to shut the door and yell and scream at each other for a while" before a compromise bill could be reached. (18)
Between the time the House version of the bill was passed in December 2007 and the Senate version was passed in March 2008, a Supreme Court case--Riegel v. Medtronic--was handed down that highlighted the impact of federal agencies' ability to preempt state law claims. (19)
Charles Riegel and his wife sued Medtronic, a medical device maker, when a balloon catheter balloon catheter
A catheter with an inflatable balloon at its tip, used especially to expand a partially obstructed blood vessel or bodily passage and to measure blood pressure in a blood vessel. Also called balloon-tip catheter. made by the company burst during Charles's angioplasty angioplasty (ăn`jēōplăs'tē), any surgical repair of a blood vessel, especially
balloon angioplasty or percutaneous transluminal coronary angioplasty, a treatment of coronary artery disease. . Medtronic claimed the preemption language of the Medical Device Amendments (MDA (1) (Monochrome Display Adapter) The first IBM PC monochrome video display standard for text. Due to its lack of graphics, MDA cards were often replaced with Hercules cards, which provided both text and graphics. See PC display modes and Hercules Graphics. ) to the Food, Drug, and Cosmetic Act Food, Drug, and Cosmetic Act: see food adulteration. (20) protected it from state law claims regarding devices that received premarket approval premarket approval Medical devices A scientific and regulatory review by the FDA to ensure the safety and effectiveness of a Class III device, before its approval for marketing. See Advisory panel, Medical device. from the FDA.
The Riegels contended that without clear language, the statute could not be widely interpreted as preempting state law. But on February 20, 2008, the Supreme Court held that the statute's preemption language barred state claims against the makers of devices that had gained premarket approval under the MDA.
A couple of months later, the Texas Supreme Court adopted the Supreme Court's Medtronic holding to say that a products liability claim based on the use of a BIC BIC
See: Bank Investment Contract lighter was preempted by federal law. (21) The CPSC had adopted regulations requiring that lighters be child-resistant. Despite these standards, a six-year-old child was burned when her dress was set afire Verb 1. set afire - set fire to; cause to start burning; "Lightening set fire to the forest"
set ablaze, set aflame, set on fire
combust, burn - cause to burn or combust; "The sun burned off the fog"; "We combust coal and other fossil fuels" by another child. The company that made the lighter, BIC Pen Corp., claimed that, in light of Medtronic, the plaintiff's state law products liability claim could not be pursued. While Medtronic had met the MDA's requirement for premarket approval, BIC noted that it had followed CPSC regulations in making the lighter.
The Bush administration's push for preemption language in statutes, coupled with the Supreme Court's willingness to construe construe v. to determine the meaning of the words of a written document, statute or legal decision, based upon rules of legal interpretation as well as normal meanings. such language as restricting states' rights, had consumer advocates worried. Trial lawyers and other consumer groups launched a federal lobbying effort to prevent preemption language from taking away consumers' rights under state law. The resulting language was strong.
The language states that, with regard to preemption, "the commission may not construe any such act as preempting any cause of action under state or local common law or state statutory law regarding damage claims." In addition, the language makes it clear that preemption cannot be implied by the preamble of a rule or any statement of policy accompanying a rule-making. (22)
Finally, days before Congress's August recess, it passed a compromise version of the CPSC reform bill, and the president signed it into law. The compromise gave the agency more money and personnel, increased the amount it could penalize pe·nal·ize
tr.v. pe·nal·ized, pe·nal·iz·ing, pe·nal·iz·es
1. To subject to a penalty, especially for infringement of a law or official regulation. See Synonyms at punish.
2. companies that manufactured and sold unsafe products, and strengthened its rule-making process. But what about the details--especially the controversial issues that kept the conferees fighting until the very end?
On public disclosure, the reform law's language requires the CPSC to establish and maintain a searchable, public database 18 months after submitting plans to Congress detailing how the database will be run. The database will contain "reports of harm ... received by the commission from consumers; local, state, or federal government agencies; health care professionals; child service providers; and public safety entities." (23)
The public database will include comments by product manufacturers. Once the commission receives a report of injury, it will, within five days, transmit that report to the manufacturer, allowing the company an opportunity to comment and including the comment in the database if the manufacturer requests it. (24)
Also, the manufacturer may request that some information be considered confidential. The commission must then determine whether that information contains a trade secret as defined by federal law. (25) If it does, the commission must remove the information from the database. If the commission determines that the information does not contain a trade secret, the manufacturer may bring action in district court to seek its removal. The commission can also determine that a piece of information in a report or comment is inaccurate and may decline to add it or may remove it from the database.
The new law raises safety standards for ATVs, improves pool and spa safety, more stringently controls the amount of lead in children's products, and forces the CPSC to examine--and possibly raise--standards for "durable infant or toddler products" such as cribs. (26)
As for phthalates, 180 days after enactment, the act will make it illegal for anyone to manufacture, distribute, import, or sell any child's toy or child care article containing more than 0.1 percent of three types of phthalates. It will also be illegal to manufacture, sell, import, or distribute toys containing phthalates if the toys can be placed in a child's mouth.
So what does the new and improved CPSC mean for consumers? There is no question that the reform law strengthens the agency. Additional resources will inject the CPSC with new power, new direction, and new sense of purpose. Higher penalty caps will help deter potential wrongdoers.
For trial lawyers, the new anti-preemption language might be the most important part. The new language will protect states' rights to hold accountable those who place hazardous products into the stream of commerce.
Many product manufacturers and sellers will continue to make high-quality products that adhere to adhere to
verb 1. follow, keep, maintain, respect, observe, be true, fulfil, obey, heed, keep to, abide by, be loyal, mind, be constant, be faithful
2. the spirit and letter of the law, but some will test the commission's ability to enforce its new rules. Time will tell how well the reformed agency will serve the consumers that the Congress of 1972 sought to protect.
(1.) Safe Kids Worldwide, Suffocation suffocation: see asphyxia. and Choking Injuries (2007) (citing U.S. Dept. Health & Hum. Servs., Ctrs. for Disease Control & Prev., Natl. Ctr. for Health Stats., National Vital Statistics System, 2000 to 2004 Mortality Data), www.usa. safekids.org/content_documents/2007_fact_ sheet_choking_suffocation.doc.
(2.) U.S. Dept. Health & Hum. Servs., Ctrs. Disease Control & Prev., Death of a Child after Ingestion ingestion /in·ges·tion/ (-chun) the taking of food, drugs, etc., into the body by mouth.
1. The act of taking food and drink into the body by the mouth.
2. of a Metallic Charm--Minnesota 2006, 55 Morbidity & Mortality Wkly. Rep. 340, 341 (Mar. 31, 2006), www.cdc.gov/mmwr/PDF/wk/mm 5512.pdf.
(3.) Chris Reidy, Reebok Recalls Bracelets after Boy Dies, Boston Globe (Mar. 24, 2006), www. boston.com/business/articles/2006/03/24/ reebok_recalls_bracelets_after_boy_dies.
(4.) U.S. Consumer Prod. Safety Commn., 2007 Performance and Accountability Report 9, www.cpsc.gov/cpscpub/pubs/reports/2007par. pdf.
(5.) 15 U.S.C. [section][section]2051-2085 (2001). The agency now fulfills its mission under other statutes as well, such as the Federal Hazardous Substances Act (15 U.S.C. [section][section]1261-1278); the Flammable flam·ma·ble
Easily ignited and capable of burning rapidly; inflammable.
[From Latin flamm Fabrics Act ( 15 U.S.C. [section][section]1191-1204); the Poison Prevention Packaging Act (15 U.S.C. [section][section]1471-1476); and the Refrigerator Safety Act (15 U.S.C. [section][section]1211-1214). The agency does not have jurisdiction over products such as automobiles and off-road vehicles, tires, boats, tobacco, alcohol, firearms This is an extensive list of small arms — pistol, machine gun, grenade launcher, anti-tank rifle — that includes variants.
: Top - 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
(6.) Eric Lipton, Safety Agency Faces Scrutiny Amid Changes, N.Y. Times (Sept. 2, 2007), www. nytimes.com/2007/09/02/business/02 consumer.html.
(7.) Sen. Subcomm. on Fin. Servs. & Gen. Govt. of the Sen. Appropriations Comm., Toy Safety The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page. Standards and the Consumer Product Safety Commission 3 (Sept. 12, 2007) (testimony of Sally Greenberg, Senior Product Safety Counsel, Consumers Union), www.consumersunion.org/pub/ CPSCAppropsTest9-12-07 3.pdf.
(8.) 16 C.F.R. [section]1633 (2008).
(9.) Consumer Product Safety Improvement Act of 2008, 15 U.S.C.S. [section][section]2051-2085 (West 2008).
(10.) See Consumer Prod. SafetyCommn., Statement of the Honorable Thomas H. Moore on the Final Rule and Preamble for the Flammability (Open-Flame) of Mattress Sets (Feb. 16, 2006) (testimony of Thomas Moore, Commissioner, CPSC), www. cpsc.gov/pr/moore mattress.pdf.
(11.) 15 U.S.C. [section]2055(a)(3).
(12.) Id. at [section]2055(b) (1).
(13.) S. 2045, 110th Cong. (Dec. 5, 2007) (as passed by Senate 79-13 on Mar. 6, 2008).
(14.) H.R. 4040, 110th Cong. [section]206 (a) & (b) (Dec. 19, 2007) (as passed by House on Dec. 19, 2007) (emphasis added).
(15.) 15 U.S.C. [section]2057.
(16.) See e.g. Refrigerator Safety Act, 15 U.S.C. [section][section]1211-1214; Consumer Product Safety Act, 15 U.S.C. [section]2082.
(17.) Cal. Health & Safety CodeAnn. [section][section]108935-108939 (West 2008).
(18.) Stephen Langel, Conferees Closer on Consumer Safety Bill, but Phthalates Ban Remains Sticking Point sticking point
A point, issue, or situation that causes or is likely to cause an impasse.
Noun 1. sticking point - a point at which an impasse arises in progress toward an agreement or a goal , Roll Call/CongressNow (July 17, 2008), available by subscription at http://congressnow. gallerywatch.com/Subject.aspx?subject= Consumer%20Protection; see also Joseph S. Enoch, Congress Inches Towards New Consumer Safety Bill, ConsumerAffairs.com (July 17, 2008), www.consumeraffairs.com/news04/ 2008/07/cpsc_congress03. html.
(19.) 127S. Ct. 3000 (2008).
(20.) 21 U.S.C. [section]360k(a).
(21.) BIC Pen Corp. v. Carter, 251 S.W.3d 500 (Tex. 2008).
(22.) H.R. Conf. Rpt. 110-787 [section]231 (a) (July 29, 2008).
(23.) 15 U.S.C.S. [section]2055a (b) (1) (A).
(24.) Id. at [section]2055a (c) (1) & (2) (A), (B).
(25.) 18 U.S.C. [section]1905 (2001); 5 U.S.C. [section]552(b) (4) (2001).
(26.) H.R. Conf. Rpt. 110-787, supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process. n. 22, at [section][section]104, 232, 238.
CATHERINE McCULLOUGH is an attorney and lobbyist with Meadowbrook Strategic Government Relations in Washington, D.C. She can be reached at firstname.lastname@example.org.