Can the government ban a dangerous consumer product from the market?

What the Law Says

The Consumer Product Safety Act (CPSA) empowers the federal government — specifically the Consumer Product Safety Commission (CPSC) — to protect the public from unreasonable risks of injury associated with consumer products.

The CPSA authorizes the CPSC to develop safety standards, conduct investigations, order recalls, and, when necessary, ban hazardous products outright. A ban may be issued if the CPSC determines that a product poses an 'unreasonable risk of injury' and that no feasible standard would adequately protect the public.

The law emphasizes prevention: it declares that 'the protection of the public against unreasonable risks of injury associated with consumer products is a matter of national importance.' The CPSC may act swiftly in emergencies — for example, issuing an immediate ban on a product linked to deaths or severe injuries — but must generally provide notice and opportunity for a public hearing before a permanent ban takes effect.

Statutory Text

The protection of the public against unreasonable risks of injury associated with consumer products is a matter of national importance.

— Consumer Product Safety Act, 15 U.S.C. § 2051 — Congressional findings and declaration of purpose

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