What are Product Safety Requirements in Florida?
In general, product safety requirements are regulated by a federal agency, the Consumer Product Safety Commission (CPSC). It promulgates regulations under certain federal laws and exercises enforcement powers that it has been given under its enabling statutes.
What are Some Federal Laws Governing Product Safety?The Consumer Product Safety Act, which created the agency, gives it the authority to create standards and ban products. It also gives the CPSC the right to initiate and pursue recalls.
- The Consumer Product Safety Improvement Act, passed in 2008, expanded the CPSC’s authority to regulate lead, toy safety and ATVs among others. It also clarified civil and criminal penalties available under the law.
- The Federal Hazardous Substances Act (FHSA) which requires warning labels on certain hazardous household products.
- The Child Safety Protection Act, which amended the FHSA to better protect children from choking hazards.
- The Flammable Fabrics Act regulates the manufacture of flammable clothing and interior fabrics.
- The Poison Prevention Packaging Act requires certain household substances to be contained in child-resistant packaging.
By the authority granted to the CPSC by these and a number of other statutes, the CPSC has issued voluminous regulations to control the manufacturing, labeling and packaging of thousands of products to include:
- Drugs, including over the counter medications and controlled substances
- Cosmetics
- Cribs
- Lawn mowers
- Mouthwash
- Acids
- Asbestos
- Art Supplies
- Bicycle Helmets
- Fire Extinguishers
- Dolls
- Hair Dryers
- Fuel
- Infant walkers
- Toys with small parts, etc.
The list is incredibly extensive and it is almost guaranteed that you come into contact with regulated products dozens of times everyday in your house, at your work and just about anyplace in between.
What Does This Mean to Me?In short, if you or a loved one has been injured by a regulated product, you may have a chance to recover compensation. If the product fails to adhere to the regulations and standards that have been put in place by the CPSC, the manufacturer may be liable for the damages you have suffered. Product safety is a complex area of the law and often requires specific expertise from the attorneys as well as the subject matter experts involved in the case to determine if the product is responsible for your injuries as well as whether the product is in compliance with the applicable standards that have been put in place.
Contact a Florida Product Safety LawyerIf you think you have been injured by a product and you live in Broward or Miami-Dade County, please contact the experienced and skilled professionals at Gerson & Schwartz, P.A. to set up a free consultation today at (877) 475-2905.
We have over 50 years of direct experience defending the rights of people who have been injured by products that were supposed to be safe. We have the expertise and knowledge to conduct a thorough analysis of the facts surrounding your case to determine the best and proper way to proceed. We utilize industry leading experts, where necessary, to provide the technical expertise necessary to hold companies who manufacture defective products accountable. Contact us today to make sure you get the results you deserve.