CPSC Being Sued Over Phthalates Decision
Two consumer advocacy groups, the Natural Resources Defense Council and Public Citizen Inc., filed suit against the CPSC on Thursday, December 4 in the U.S. District Court of New York. The consumer groups claim that the CPSC has violated the recently enacted CPSIA and other federal laws. This lawsuit is just the latest backlash in response to the recent advisory opinion issued by the CPSC's General Counsel, Cheryl Falvey, interpreting the phthalate ban to only be applicable to those products manufactured on or after February 10, 2009.
The NRDC and Public Citizen seek a judgment declaring that the CPSC's most recent decision was not in accordance with the CPSIA, the Administrative Procedure Act, nor the original Consumer Product Safety Act. They are also asking the court to order the agency to rescind its decision. The consumer groups dramatically decry the decision of the CPSC and believe the CPSC has "strayed from their basic mandate to protect consumers." This suit puts even more pressure on the CPSC to rescind its ruling, reverse field, and declare that section 108 of the CPSIA be applied retroactively as of February 10, 2009. A reversal will place an immense financial burden on manufacturers, importers, private labelers, distributers, and retailer. We will keep you advised.
If you would like to review this case in more detail, it is: Natural Resources Defense Council et al. v. United State Consumer Product Safety Commission, case number 08-cv-10507, in the U.S. District Court for the Southern District of New York.
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