consumer protection federal protection state protection product liability

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Consumer Consumer Protection Protection Federal protection Federal protection State Protection State Protection Product liability Product liability

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The market If I knew what to look for I wouldn’t need protection from unscrupulous or greedy companies! There are just too many products! I can’t possibly know about all of them

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Page 1: Consumer Protection Federal protection State Protection Product liability

Consumer ProtectionConsumer ProtectionFederal protectionFederal protectionState ProtectionState ProtectionProduct liabilityProduct liability

Page 2: Consumer Protection Federal protection State Protection Product liability

VocabularyVocabulary►Caveat emptorCaveat emptor►Class actionsClass actions►Cease and desistCease and desist►Consent order►restitutionrestitution

Let the buyer bewareAllows a suit to be brought

on behalf of a class of similarly wronged personsAn order of the court

to stop doing somethingA voluntary (court enforceable) action to stop a questionable

practiceReturn of money wrongfully obtained

Page 3: Consumer Protection Federal protection State Protection Product liability

The marketThe marketIf I knew what to

look for I wouldn’t need protection

from unscrupulous or greedy

companies!

There are just too many

products! I can’t possibly know

about all of them

Page 4: Consumer Protection Federal protection State Protection Product liability

The MarketThe MarketHuge

corporations are capable of

manipulating the marketplace!

Page 5: Consumer Protection Federal protection State Protection Product liability

Consumer Laws generally...Consumer Laws generally...

►Protect against dangerous and Protect against dangerous and substandard goods goods

►Prohibit unfair trade Prohibit unfair trade practices►Require licenses and Require licenses and inspections

where neededwhere needed►Provide Provide remedies for injured persons for injured persons

Page 6: Consumer Protection Federal protection State Protection Product liability

Product Safety StandardsProduct Safety Standards►Regulated by the 1972 Consumer Product Regulated by the 1972 Consumer Product

Safety Act which created the CPSCSafety Act which created the CPSC Companies are required to Companies are required to

report product failures, notify the buyers and , notify the buyers and recall and repair the product, replace it, or recall and repair the product, replace it, or refund the money.refund the money.

CPSC receives reports from hospitals CPSC receives reports from hospitals CPSC has the power to seize a product and CPSC has the power to seize a product and

remove it from the marketremove it from the market

Page 7: Consumer Protection Federal protection State Protection Product liability

Food, Drugs, CosmeticsFood, Drugs, Cosmetics► Regulated by the Food and Drug ActRegulated by the Food and Drug Act

Ensure Ensure clean production facilities Also inspected by the USDA – canners, packers, Also inspected by the USDA – canners, packers,

meat processors, , imported food FDA requires FDA requires labels on products on products

►Manufacturer and locationManufacturer and location►QuantityQuantity►Nutritional factsNutritional facts

FDA regulates FDA regulates drugs – mainly decides which are – mainly decides which are prescription and which are OTC.prescription and which are OTC.

Cosmetics are regulatedare regulated

Page 8: Consumer Protection Federal protection State Protection Product liability

Standards for Weights and Standards for Weights and MeasuresMeasures

►Regulated by the National Bureau of Regulated by the National Bureau of StandardsStandards Provides standard sets of Provides standard sets of

weights and measures to state and local govtto state and local govt Regulates through inspections, testing, Regulates through inspections, testing,

enforcementenforcement Ie.) gasoline, food in grocery store that is Ie.) gasoline, food in grocery store that is

weighed, rope or wire used in farming, weighed, rope or wire used in farming, taxicabstaxicabs

Page 9: Consumer Protection Federal protection State Protection Product liability

►www.cpsc.gov/www.cpsc.gov/►http://www.usa.gov/Citizen/Topics/http://www.usa.gov/Citizen/Topics/

Consumer_Safety.shtml Consumer_Safety.shtml ►http://www.ftc.gov/bcp/consumer.shtmhttp://www.ftc.gov/bcp/consumer.shtm►http://www.recalls.gov/recent.htmlhttp://www.recalls.gov/recent.html►http://www.attorneygeneral.gov/http://www.attorneygeneral.gov/

consumers.aspxconsumers.aspx►http://www.fda.gov/ http://www.fda.gov/