JM 4-8.500
CPB is responsible for civil and criminal litigation and grand jury proceedings arising under the Consumer Product Safety Act (15 U.S.C. § 2051 et seq.), which authorizes the CPSC to pursue recalls and requires manufacturers to report dangerous products. CPB also is responsible for litigation under the Federal Hazardous Substances Act (15 U.S.C. § 1261 et seq.), which requires warning labels on hazardous products and empowers the CPSC to ban products where a label would not adequately protect consumers; the Poison Prevention Packaging Act (15 U.S.C. § 1471 et seq.), concerning child-resistant packaging; and the Flammable Fabrics Act, relating to flammable clothing and interior furnishings (15 U.S.C. § 1191 et seq.). 28 C.F.R. § 0.45(j).
CPB is responsible for determining under the Consumer Product Safety Act (15 U.S.C. § 2076(b)(7)), whether the Attorney General will initiate, prosecute, defend, or appeal actions relating to the CPSC. 28 C.F.R. § 0.45(j). Matters relating to the CPSC are referred directly to CPB. CPB also defends actions brought against the CPSC.
[updated January 2021]