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Unpublished Paper
State Authority to Regulate Toxins in Children's Consumer Products
ExpressO (2009)
  • Doug Farquhar
Abstract
The rapid rise over the last several years in the number of recalled children's toys along with media coverage of foreign-manufactured products containing lead and other toxins created a public groundswell demanding stricter controls on toys and other children's products. In response, lawmakers have tightened existing toy safety standards, increased enforcement capability of state and federal authorities, and expanded the number of regulated substances, first by state lawmakers, followed by Congress with the enactment of the Consumer Product Safety Improvement Act of 2008. This article explores the extent to which the Consumer Product Safety Improvement Act of 2008 preempts existing state children's consumer product safety laws. First, this article will review the major federal consumer protection laws and their administration by the Consumer Product Safety Commission (CPSC). Next, it will review the changes made by the Consumer Product Safety Improvement Act of 2008. This article then will analyze the effect of these changes on state consumer protection laws using federal preemption doctrine.
Disciplines
Publication Date
October 5, 2009
Citation Information
Doug Farquhar. "State Authority to Regulate Toxins in Children's Consumer Products" ExpressO (2009)
Available at: http://works.bepress.com/doug_farquhar/1/