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15 U.S.C. § 2074

Section 2074 · Private remedies

Amended 1 time on record

Applied in 18 court decisions — leading case Consumer Product Safety Commission v. GTE Sylvania, Inc. (1980)

Most recently applied in Cummins v. BIC USA, Inc. (August 2013)

How often courts cite this section

1972198019902000201020135092-573enacted · 1972 · 92-573Consumer Product Safety Commission v. GTE Sylvania, Inc.leading · 1980 · Consumer Product Safety Commission v. GTE Sylvania, Inc.
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Liability at common law or under State statute not relieved by compliance

Compliance with consumer product safety rules or other rules or orders under this chapter shall not relieve any person from liability at common law or under State statutory law to any other person.

(b) Evidence of Commission's inaction inadmissible in actions relating to consumer products

The failure of the Commission to take any action or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating to such consumer product.

(c) Public information

Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding section 2055(a)(1) of this title, (1) any accident or investigation report made under this chapter by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified, and (2) all reports on research projects, demonstration projects, and other related activities shall be public information.

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