Abstract
The American experiment with democracy is embodied in the Constitution of 1789. It created a federal system of government. All powers not expressly granted to the United States government remained with the states. Although the “consumer” was an uncoined concept in the early days of the industrial revolution, the dynamics of the American brand of federalism in large part explains how consumer protection developed in the United States and how it functions today.
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References
The Fire Safe Cigarette Act of 1990, Pub. L. 101–352, 104 Stat. 405 (1990), charged the Commission to develop product standards, if feasible, for a safer cigarette.
Existing federal motor vehicle safety standards are found at 49 C.F.R. 571. New or proposed standards may be found in the Federal Register. Additional motor vehicle-related standards, generally imposed or developed under the Motor Vehicle Information and Cost Savings Act, are found in other parts of 4 C.F.R., Chapter V.
Statutes regulating aviation are generally found in Title 49 (Transportation) of the United States Code (U.S.C.A.) and FAA regulations in Title 14, Chapter I, of the C.F.R.
U.S.C.A. 4304. Standards promulgated by the Coast Guard under the Act are found at 33 C.F.R. 183. New or proposed standards may be found in the Federal Register.
The regulations and standards promulgated by the FDA are found in Title 21 of the C.F.R.
Statutory authority for inspection and regulation is found at 21 U.S.C.A. 451–695 and regulations and standards at 9 C.F.R., Chapter III, Parts 301–391. Import regulations for meat are found at 9 C.F.R. 327 and for poultry at 9 C.F.R. 381.195381.209. Each set of regulations requires that the importing country be eligible to import meat or poultry into the United States and that the importing country certify that the product to be imported meets standards at least equal to those imposed by USDA regulations.
U.S.C.A. 2301. Regulations for consumer product warranties promulgated by the FTC are generally found in 16 C.F.R. 700–703. Warranty advertisement regulations are found at 16 C.F.R. 239.
For example, Part 135, 21 C.F.R. 135, regulates frozen desserts, requiring that ice cream and ice milk be differentiated by their milk fat and milk solid content. Compare 21 C.F.R. 135.110 with 21 C.F.R. 135.120. It is a violation to label a frozen dessert product “ice cream” if it is made to the less expensive ice milk standard. On the other hand, it is a violation to label ice cream with its higher fat content as “ice milk”, because of the health hazard such labeling may pose to consumers requiring a low fat diet.
Approval for new food products may be obtained using the petition and review procedures found at 21 C.F.R. 1–60.
U.S.C.A. 1261. The CPSC-promulgated, toy-specific regulations are found primarily in C.F.R., Title 16, Parts 1501–1512. New or proposed regulations and standards may be found in the Federal Register.
See,e.g., the Illinois Insurance Code at 215 I.L.C.S. 5 et seq. The Illinois Insurance Code governs every aspect of insurance, from the types offered to protection against unfair competition and deceptive acts within the insurance field.
Pub. L. Number 92–573, 86 Stat. 1207 (codified as amended at 15 U.S.C.A. 2051–2084 [hereinafter CPSA]).
See,e.g., The National Traffic and Motor Vehicle Safety Act of 1966, Pub. L. Number 89–563, 80 Stat. 718 (codified as amended at 15 U.S.C.A. 1381 et seq. (statute regulating motor vehicles).
Specific agency regulations can be found at 21 C.F.R 800–1050. Cosmetics are covered at 21 C.F.R. 700–740.
EPA regulations concerning registration standards, labeling requirements, packaging requirements, data requirements, good laboratory practice standards and state registration procedures appear at 40 C.F.R. 155–162.
Regulations addressing certification procedures for aircraft products and parts can be found at 14 C.F.R. 21. Airworthiness standards for normal, utility, acrobatic, and commuter aircraft appear at 14 C.F.R. 23. Airworthiness standards for transport category aircraft can be found at 14 C.F.R. 25. Airworthiness standards for normal category rotorcraft appear at 14 C.F.R. 27. Airworthiness standards for transport category rotorcraft appear at 14 C.F.R. 29. Additional airworthiness standards for manned balloons, aircraft engines, and propellers appear at 14 C.F.R. 31–35.
Regulations addressing manufacture are found at 27 C.F.R. 270.1 and importation at 27 C.F.R. 275.1.
For matters to which the Freedom of Information Act does not apply, see 5 U.S.C. 552(b)(1)-(9).
Section 15(a) of the CPSA defines “substantial product hazard” as a failure to comply with an applicable consumer product safety rule (creating a substantial risk of injury to the public or a product defect which (e.g., because of the pattern of defect or the number of defective products distributed in commerce) creates a substantial risk of injury to the public. See 15 U.S.C.A. 2064(a).
For example, the conduct and scope of inspections (Paragraph 1118.2), compulsory process and service (Paragraph 1118.3), subpoenas (Paragraph 1118.4), investigative hearings (Paragraph 1118.5), depositions (Paragraph 1118.6), rights of witnesses at hearings and of deponents at depositions (Paragraph 1118.7), general or special orders seeking information (Paragraph 1118.8), motions to limit or quash subpoenas (Paragraph 1118.9), and remedies for failure to permit authorized investigations (Paragraph 1118.10).
See,e.g., the cases collected at 21 C.J.S., Credit Reporting Agencies, 93 (1990).
U.S.C.S. 1012(b); see also 27 U.S.C.S. 202, 205 (regulation of advertising alcoholic beverages by the Secretary of Treasury); 7 U.S.C.S. 227 (limiting FTC jurisdiction over the meat packer industry).
FTC vs. Int’l Diamond Corp.,2 Trade Cases 65725 (CCH) (N.D. Cal. 1983).
Railway Express Agency vs. New York,336 U.S. 106 (1949).
Black’s Law Dictionary (6th ed., 1990), at p. 40.
For an explanation of the differences and interplay between these three sources of law, see Lisa K. Jorgensen, Comment, “Illinois Lemon Car Buyer’s Options in a Breach of Warranty Action”, 20 J. Marshall L. Rev. 483 (1987).
For a guide to Article 2 of the Uniform Commercial Code, see Alfred W. Meyer and Richard E. Speidel, Sales and Leases of Goods (West Publishing Company, 1993). For an extensive analysis of Article 2, see James J. White and Robert S. Summers, Uniform Commercial Code (West Publishing Company, 3d ed. 1988).
Vertuna vs. Ford Motor Corp.,180 N.J. Super. 45, 433 A.2d 801 (1980).
See, e.g.,The New Vehicle Buyer Protection Act, 815 I.L.C.S. 380/1–380/8 (1993).
Honest in fact“ is the Uniform Commercial Code’s definition of ”good faith“. See 810 I.L.C.S. 5/1–201(19).
Purity Supreme, Inc. vs. Attorney General,407 N.E. 2d 297 (Mass. 1980) (upheld a Massachusetts regulation requiring item pricing for consumer products to protect against unfair or deceptive acts).
Nebbia vs. New York,291 U.S. 502 (1934) (upheld statute fixing the price of milk because of the public interest).
Shavrnoch vs. Clark Oil & Refining Corp.,726 F.2d 291 (6th Cir. 1984).
In Re the Matter of the Quaker Oats Co.,66 F.T.C. 1131 (1964).
Rates are the prices stated or fixed for utilities supplied to the public, measured by specific units. See Bird vs. Chesapeake & Potomac Tel. Co.,185 A.2d 917 (D.C. 1962).
For a general discussion of United States consumer credit regulations, see 21 C.J.S., Credit Reporting Agencies, Paragraphs 74–89 (1990), and 47 C.J.S. Interest and Usury; Consumer Credit, Paragraphs 274–351 (1982).
Truth in Lending Regulations, Regulation Z, 12 C.RR 226. 1 (a), 15 U.S.C.A. following 1700.
U.S.C.A. 1666(e)-1666(i); Regulation Z, 12 C.F.R. 226. 13. Other credit card regulafions can be found at 15 U.S.C.A. 1642–1646.
Clomon vs. Jackson,988 F.2d 1314 (2nd Cir. 1993).
See,e.g., Illinois’ Consumer Installment Loan Act, 205 I.L.C.S. 670/1–670/27 (1993).
See,e.g., Illinois’ Retail Installment Sales Act, 815 I.L.C.S. 405/1–405/33 (1993).
See,e.g., Illinois’ Collection Agency Act, 225 I.L.C.S. 425/1–425/15 (1993).
See,e.g., Wyoming’s Uniform Consumer Credit Code, Wyo. Stat. Paragraphs 40–14101 to 40–14–702.
See,e.g., Purdon’s Pa. Stat. Ann., Tit. 7, Paragraphs 6201–6218.
See,e.g., California’s Consumer Finance Lenders Law, Cal. Fin. Code 24451.
N.L.R.B. vs. Hardeman Garment Corp., 557 F.2d 159 (6th Cir. 1977). But see Werner-Continental, Inc. vs. Farkas,478 F. Supp. 815 (S.D. Ohio 1979), aff’d, 661 F.2d 935 (6th Cir. 1981).
U.S.C.A. 551 et seq.; see also Forester vs. Consumer Product Safety Commission of United States, 559 F.2d 774 ( D.C. Cir. 1977 ).
See,e.g., Underwriters’ Laboratories Inc., Method of Development, Revision and Implementation of UL Standards For Safety 7–8 (1992).
See,e.g., the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 I.L.C.S. 505/10a (1993).
See,e.g., the cases collected at 21 C.J.S., Credit Reporting Agencies, Paragraph 95 (1990 & Supp. 1993).
Palmer vs. Liggett Group, Inc.,635 F. Supp. 392, 397 (D. Mass. 1984), holding that violations of the Federal Hazardous Substances Act do not give rise to a private right of action.
Drake vs. Honeywell, Inc.,797 F.2d 603, 606 (8th Cir. 1986), holding that no private right of action exists under the Consumer Product Safety Act for violations of Section 15(b).
See James L. Rigelhaupt, Annotation, Monetary Remedies under Paragraph 23 of the Consumer Product Safety Act,87 A.L.R. Fed. 587 (1988).
Lanier vs. Associates Finance, Inc.,499 N.E. 2d 440 (Ill. Sup. Ct. 1986), holding that compliance with the federal Truth in Lending Act is a valid defense to a claimed liability of the Illinois Consumer Fraud Act.
See,e.g., the cases collected at 21 C.J.S., Credit Reporting Agencies, Paragraph 111 (1990).
Baas vs. Hoye,766 F.2d 1190, 1195–96 (8th Cir. 1985), holding that “damages sustained” language of Section 2072(a) of the Consumer Product Safety Act limits recovery to compensatory damages; however, court notes that legislative history of Act allows for courts to generally apply state law as to damages awards.
See,e.g., the cases collected at 21 C.J.S., Credit Reporting Agencies, Paragraph 112 (1990).
Payne vs. A.O. Smith Corp.,578 F. Supp. 733 (S.D. Ohio 1983).
United States vs. Florida-Vanderbilt Development Corp.,326 F. Supp. 289 (S.D. Fla. 1971).
Dix vs. American Bankers Life Assur. Co.,415 N.W. 2d 206 (Mich. 1987), class action available under Michigan Consumer Protection Act.
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Flayton, D., Letchinger, J. (1995). United States. In: Campbell, D. (eds) International Consumer Protection. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4867-4_7
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DOI: https://doi.org/10.1007/978-94-017-4867-4_7
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