Consumer Product Safety Act of 1972
The Consumer Product Safety Act (CPSA) of 1972 established a framework for protecting the public from unreasonable risks associated with consumer products. Enforced by the Consumer Product Safety Commission (CPSC), this independent federal agency oversees the safety of thousands of products, with a particular focus on items such as children's toys, cribs, and car seats. The CPSA mandates that manufacturers must disclose product defects to consumers or offer refunds for defective items. The CPSC is also empowered to seek court orders to ban or seize dangerous products.
While the CPSA provides extensive oversight of consumer product safety, certain categories, such as drugs, cosmetics, alcohol, tobacco, and firearms, fall under the jurisdiction of other federal agencies. The commission is proactive in developing voluntary safety standards, issuing mandatory regulations, and conducting public education campaigns regarding product hazards. Importantly, the CPSA has contributed to a significant decline in injuries and fatalities linked to unsafe products, reflecting its vital role in enhancing consumer safety since its enactment.
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Subject Terms
Consumer Product Safety Act of 1972
Identification U.S. federal legislation
Date Law passed on October 27, 1972
The Consumer Product Safety Act (CPSA) of 1972 created the Consumer Product Safety Commission, which establishes and regulates safety standards for new products.
The CPSA was one of a number of consumer protection laws passed during the 1970’s. In the CPSA, the U.S. Congress directed the Consumer Product Safety Commission (CPSC) to protect the public against unreasonable risks of injuries and deaths associated with consumer products. The commission, an independent federal agency headquartered in Bethesda, Maryland, was given jurisdiction over thousands of types of consumer products, but most of its efforts seem to be devoted to the safety of children’s toys, cribs, and car seats.
The commission often receives information about product defects from the consumer public. Section 15 of the CPSA requires manufacturers to publicize defects to consumers or refund the purchase price paid for defective products. In order to protect the public, the commission may seek a court order to have a product banned or seized. Not all products are subject to the jurisdiction of the commission; for example, drugs and cosmetics are covered by the Food and Drug Administration (FDA), while alcohol, tobacco, and firearms (ATF) are regulated by the Department of the Treasury. The Department of Transportation regulates the safety of cars, trucks, and motorcycles.
The commission performs a number of activities to meet its objectives, including working with industry to develop voluntary safety standards, issuing and enforcing mandatory standards, banning certain consumer products deemed unsafe, obtaining the recall of unsafe products or arranging for their repair, conducting research on the nature of product hazards, educating consumers through the media about unsafe products, and responding to consumer complaints and inquiries. A toll-free hot line is provided to encourage consumers to report product defects. In addition to providing education through the media, the commission provides many free publications. It does not have jurisdiction over false advertising, fraud, or poor product quality not related to safety; these matters fall under the jurisdiction of the Federal Trade Commission (FTC). All manufacturers, regardless of size, are covered by the provisions of the CPSA.
The CPSC is led by three commissioners appointed by the president and approved by the U.S. Senate for staggered seven-year terms. One of the commissioners is named by the president as the chairman of the commission. The first three commissioners, appointed in May, 1973, were Richard O. Simpson, Lawrence M. Kushner, and Constance B. Newman. Simpson was the first chairman.
Impact
Although deaths, injuries, and property damage continued to result from unsafe consumer products, the CPSA contributed significantly to a decrease of such problems. In the thirty years after the passage of the act, the rate of deaths and injuries associated with consumer products declined by 30 percent.
Bibliography
Bureau of National Affairs. The Consumer Product Safety Act: Text, Analysis, Legislative History. Washington, D.C.: Author, 1973.
U.S. Consumer Product Safety Commission. Office of the General Counsel. Consumer Product Safety Act. Washington, D.C.: Author, 1998.