Section 218 gives the State attorneys general authority to enforce certain federal product safety laws. The State attorneys general will be able to sue on behalf of the residents of their state to:
- Stop the sale of products that violate CPSC issued safety standards;
- Stop the sale of certain recalled products as announced by the Commission;
- Stop the sale of banned hazardous substances;
- Stop the sale of children’s products that have not been certified as tested by third-party laboratories once those certification requirements go into effect;
- Stop the sale of children’s products that lack tracking labels once that requirement goes into effect;
- Enforce the prohibitions against stockpiling products in advance of regulatory changes; and
- Stop the sale of products with safety marks if the use of those marks is unauthorized.
Before filing suit, the State attorneys general are required to provide the Commission at least 30 days notice unless the State determines that it must act immediately to protect the residents of its State from a “substantial product hazard” as defined in the CPSC regulations. Even in these limited circumstances, Congress directs that email and facsimile should enable the State to provide Commission with prior notice of such a case. If a suit has been filed by the Commission, the State attorneys general cannot file a duplicative suit except in very limited circumstances. The Commission has the right to become a party to any suit filed by the State attorneys general.
Effective Date: This provision became effective upon enactment.
