15 USC 2073 - Additional enforcement of product safety rules and section 2064 orders

U.S Code last checked for updates: Apr 26, 2024

§ 2073.

Additional enforcement of product safety rules and section 2064 orders

(a)

In general

(b)

State Attorney General enforcement

(1)

Right of action

(2)

Initiation of civil action

(A)

Notice to Commission required in all cases

(B)

Filing of complaint

A State may initiate the civil action by filing a complaint—

(i)

at any time after the date on which the 30-day period ends; or

(ii)

earlier than such date if the Commission consents to an earlier initiation of the civil action by the State.

(C)

Actions involving substantial product hazard

(D)

Form of notice

(E)

Copy of complaint

(3)

Intervention by the Commission

The Commission may intervene in such civil action and upon intervening—

(A)

be heard on all matters arising in such civil action; and

(B)

file petitions for appeal of a decision in such civil action.

(4)

Construction

Nothing in this section, section 1264(d) of this title, section 1477 of this title, or section 1194(a) of this title shall be construed—

(A)

to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or

(B)

to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.

(5)

Limitation

(6)

Restrictions on private counsel

If private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not—

(A)

share with participants in other private civil actions that arise out of the same operative facts any information that is—

(i)

subject to attorney-client or work product privilege; and

(ii)

was obtained during discovery in the action under paragraph (1); or

(B)

use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts.

(Pub. L. 92–573, § 24, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(d), May 11, 1976, 90 Stat. 507; Pub. L. 97–35, title XII, § 1211(a), (h)(3)(C), Aug. 13, 1981, 95 Stat. 721, 723; Pub. L. 110–314, title II, § 218(a), Aug. 14, 2008, 122 Stat. 3060.)

cite as: 15 USC 2073