What is the CPSIA?

Each state has an Attorney General who is responsible for prosecuting crimes in their state.  Prior to CPSIA, only the federal government could prosecute someone who violated product safety standards.  Under CPSIA, this changes.  All state Attorneys General now have the power to take manufacturers to court for violating CPSIA.

What makes this problematic is that the state AGs are not bound by any decisions of CPSC.  So if, for example, CPSC decides that they are not going to enforce CPSIA against bicycles until 2011, this does not stop the 51 state AGs (Washington DC has one too) from going after a company that makes bicycles.  Many state AGs are busy prosecuting violent crimes and will abide by whatever decisions CPSC makes, but some state AGs have made clear that they intend to fully enforce CPSIA regardless of CPSC’s enforcement stays.  This makes it difficult for businesses to operate across state lines, and makes CPSC’s stays of enforcement practically useless.

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