§ 2073. Additional enforcement of product safety rules and section 2064 orders

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Consumer Product Safety Act

   Pub. L. 92–573 § 24 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2073

   Pub. L. 92–573, § 24, Oct. 27, 1972, 86 Stat. 1226

   Source evidence

   Code source credit
   Pub. L. 92–573, § 24, Oct. 27, 1972, 86 Stat. 1226

   Enacted provision · exact public law section
   Sec. 24. private enforcement of product safety rules and of section 15 orders Any interested person may bring an action in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under section 15, and to obtain appropriate injunctive relief. Notice. Not less than thirty days prior to the commencement of such action, such interested person snail give notice by registered mail to the Commission, to the Attorney General, and to the person against, whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this Act. In any action under this section, such interested person may elect, by a demand for such relief in his complaint, to recover reasonable attorney’s fees, in which case the court shall award the costs of suit, including a reasonable attorney’s fee, to the prevailing party.

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 10(d) · 90 Stat. 503

   Substituted · 15 U.S.C. § 2073

   Pub. L. 94–284 substituted provision permitting the court to award costs in the interest of justice for the provision which permitted costs to be demanded as part of the complaint and the court to award them to the prevailing party

   Source evidence

   Code amendment note
   Pub. L. 94–284 substituted provision permitting the court to award costs in the interest of justice for the provision which permitted costs to be demanded as part of the complaint and the court to award them to the prevailing party.

   Enacted provision · exact public law section
   (d) Section 24 of such Act (15 U.S.C. 2073) is amended by striking out the last sentence and inserting in lieu thereof the following: “In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses’ fees,”.

3. 1981

   Pub. L. 97–35 title XII § 1211(a) · 95 Stat. 357

   1. Substituted · 15 U.S.C. § 2073

      Pub. L. 97–35 substituted “Any interested person (including any individual or nonprofit, business, or other entity)” for “Any interested person”

   2. Substituted · 15 U.S.C. § 2073

      Pub. L. 97–35 substituted “section 2060(f) of this title” for “2059(e)(4) of this title”

   Source evidence

   Code amendment note
   Pub. L. 97–35 substituted “Any interested person (including any individual or nonprofit, business, or other entity)” for “Any interested person”, and “section 2060(f) of this title” for “2059(e)(4) of this title”.

   Enacted provision · exact public law section
   (a) The first sentence of section 24 (15 U.S.C. 2073) is amended by inserting “(including any individual or nonprofit, business, or other entity)” after “interested person”.

   Effective date note
   Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

4. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 title II § 218(a) · 122 Stat. 3016

   1. Substituted · 15 U.S.C. § 2073

      Pub. L. 110–314 substituted “Additional” for “Private” in section catchline

   2. Amended · 15 U.S.C. § 2073

      Pub. L. 110–314 designated existing provisions as subsec. (a)

   3. Inserted · 15 U.S.C. § 2073

      Pub. L. 110–314 inserted subsec. heading

   4. Added · 15 U.S.C. § 2073

      Pub. L. 110–314 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 110–314 substituted “Additional” for “Private” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b).

   Enacted provision · exact public law section
   (a) In General.— Section 24 (15 U.S.C. 2073) is amended— (1) by striking “private” in the section heading and inserting “additional”; (2) by inserting “(a) In General.—” before “Any interested person”; and (3) by adding at the end the following: “(b) State Attorney General Enforcement.— “(1) Right of action.— Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 19(a)(1), (2), (5), (6), (7), (9), or (12) of this Act that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. “(2) Initiation of civil action.— “(A) Notice to commission required in all cases.— A State shall provide written notice to the Commission regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint. “(B) Filing of complaint.— A State may initiate the civil action by filing a complaint— “(i) at any time after the date on which the 30-day period ends; or “(ii) earlier than such date if the Commission consents to an earlier initiation of the civil action by the State. “(C) Actions involving substantial product hazard.— Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the State’s determination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in section 15(a)). “(D) Form of notice.— The written notice required by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commission. “(E) Copy of complaint.— A State shall provide a copy of the complaint to the Commission upon filing the complaint or as soon as possible thereafter. “(3) Intervention by the commission.— The Commission may intervene in such civil action and upon intervening— “(A) be heard on all matters arising in such civil action; and “(B) file petitions for appeal of a decision in such civil action. “(4) Construction.— Nothing in this section, section 5(d) of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), section 9 of the Poison Prevention Packaging Act of 1970, or section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) shall be construed— “(A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or “(B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. “(5) Limitation.— No separate suit shall be brought under this subsection (other than a suit alleging a violation of paragraph (1) or (2) of section 19(a)) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this Act. “(6) Restrictions on private counsel.— If private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not— “(A) share with participants in other private civil actions that arise out of the same operative facts any information that is— “(i) subject to attorney-client or work product privilege; and “(ii) was obtained during discovery in the action under paragraph (1); or “(B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts.” .

8 of 8 references resolved to an enrolled provision