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Consumer Product Safety Act
15 U.S.C. Section 2061
§ 2061. Imminent hazards
(a) Filing of action
The Commission may file in a United States district court an action
(1) against an imminently hazardous consumer product for seizure of such product under
subsection (b)(2) of this section, or (2) against any person who is a manufacturer,
distributor, or retailer of such product, or (3) against both. Such an action may be filed
notwithstanding the existence of a consumer product safety rule applicable to such
product, or the pendency of any administrative or judicial proceedings under any other
provision of this chapter. As used in this section, and hereinafter in this chapter, the
term "imminently hazardous consumer product" means a consumer product which
presents imminent and unreasonable risk of death, serious illness, or severe personal
injury.
(b) Relief; product condemnation and seizure
(1) The district court in which such action is filed shall have
jurisdiction to declare such product an imminently hazardous consumer product, and (in the
case of an action under subsection (a)(2) of this section) to grant (as ancillary to such
declaration or in lieu thereof) such temporary or permanent relief as may be necessary to
protect the public from such risk. Such relief may include a mandatory order requiring the
notification of such risk to purchasers of such product known to the defendant, public
notice, the recall, the repair or the replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1) of this
section, the consumer product may be proceeded against by process of libel for the seizure
and condemnation of such product in any United States district court within the
jurisdiction of which such consumer product is found. Proceedings and cases instituted
under the authority of the preceding sentence shall conform as nearly as possible to
proceedings in rem in admiralty.
(c) Consumer product safety rule
Where appropriate, concurrently with the filing of such action or as
soon thereafter as may be practicable, the Commission shall initiate a proceeding to
promulgate a consumer product safety rule applicable to the consumer product with respect
to which such action is filed.
(d) Jurisdiction and venue; process; subpena
(1) An action under subsection (a)(2) of this section may be brought
in the United States district court for the District of Columbia or in any judicial
district in which any of the defendants is found, is an inhabitant or transacts business;
and process in such an action may be served on a defendant in any other district in which
such defendant resides or may be found. Subpenas requiring attendance of witnesses in such
an action may run into any other district. In determining the judicial district in which
an action may be brought under this section in instances in which such action may be
brought in more than one judicial district, the Commission shall take into account the
convenience of the parties.
(2) Whenever proceedings under this section involving substantially
similar consumer products are pending in courts in two or more judicial districts, they
shall be consolidated for trial by order of any such court upon application reasonably
made by any party in interest, upon notice to all other parties in interest.
(e) Employment of attorneys by Commission
Notwithstanding any other provision of law, in any action under this
section, the Commission may direct attorneys employed by it to appear and represent it.
(g) (FOOTNOTE 1) Cost-benefit analysis of compliance with relief
ordered in action for judicial review of consumer product safety rule not required
(FOOTNOTE 1) So in original. Probably should be "(f)". Nothing in this section
shall be construed to require the Commission, in determining whether to bring an action
against a consumer product or a person under this section, to prepare a comparison of the
costs that would be incurred in complying with the relief that may be ordered in such
action with the benefits to the public from such relief.
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