# CPSC OGC Advisory Opinion No. 82 (1974): CPSC OGC Advisory Opinion No. 82

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/CPSC_AO_82

## Section

- **Citation:** CPSC OGC Advisory Opinion No. 82 (1974)
- **Heading:** CPSC OGC Advisory Opinion No. 82
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CPSC Office of General Counsel Advisory Opinions / CPSC OGC Advisory Opinion No. 82

## Text

_;...
11 fEB 1974
Professor
Roy M. Carter
Department
of Wood and
Paper
Science
North
Carolina
State
University
School
of Forest.Resources
Box 5488
Raleigh,
North
Caroli.na
27607
Dear
Professor
Carteri
This
is
in response
to your
letter
of November
26,
1973
forwarded
to our office
by Mr. Ron Eisenberg
on Deca~ber
18,
1973,
in which
you inquired
about
the
latest
policies
and
requirements
regarding
a manufacturer's
product
liability.
The Consumer
Product
Safety
Comruission
is
con~e~~ed
with
a c:anufactu:rer's
product
liability
only
to the
extent
that
a cons1..l!!ler product
which
a manufacturer
produces
vio-
lates
a consu.-ner
product
safety
I:ulc
adopted
by the Com-
mission,
or contains
a defect
which
could
create
a sub-
st~ntial
product
hazard.
In this
regard,
section
lS(b)
of the
Consu.rner Product
Safety
Act
requires
manufacturers,
distributors
and
retailers
of
consu.rner
products
who obtain.:.!~
information
which
rea-
sonably
supports
the
conclusion
that
such
product·
fails
to comply
with
a consu.:'.,Cr product
safety
rule
or contains
a
defect
which
creates
a substantial
risk
of injury
to imme-
diately
report
i.l1is
information
to the
Commission.
Purt!
suant
to
section
15 (c}
of the
Act,
if
the
Cornraission
de-
tcru-.i.nes,
after
an approf:)riate
hearing,
that
a product
distributed
in commerce
presznts
a substantial
product
hazard
and t~at
notific~tion
is
required
in oruer
to ade-
quately
protect
the
public
from
such
hazard,
the
Conunission
may order
the
manufacturer,
or any distributor
or retailer
of the
product
to take
any of the
following
actions:
(1) to give
public
r.otice
of the
def0ct
or failure
to ccr.,ply,
a product
distributed
in commerce
presznts
a substantial
product
hazard
and t~at
notific~tion
is
required
in oruer
to ade-
quately
protect
the
public
from
such
hazard,
the
Conunission
may order
the
manufacturer,
or any distributor
or retailer
of the
product
to take
any of the
following
actions:
(1) to give
public
r.otice
of the
def0ct
or failure
to ccr.,ply,
(2)
to r.,.:dl
not.ice
to
e;::ich person
who is
a manufacturer,
distributor,
or retailer
of such
product,
"\ .;
~ :~ '~ t i
. ..~-.\ .. •·
~ :; J
\ '
\
I
I
!
·t
I
"\ .;
~ :~ '~ t i
. ..~-.\ .. •·
~ :; J
1 1 FEB 1974
Professor Roy M. Carter
Department of Wood and
Paper Science
North Carolina State University
School of Forest, Resources
Box 5488
Raleigh, North Carolina 27607
Dear Professor Carter:

This is in response to your letter of November 26, 1973
forwarded to our office by Mr. Ron Eisenberg on December 18,
1973, in which you inquired about the latest policies and
requirements regarding a manufacturer's product liability.
The Consumer Product Safety Commission is concerned
with a manufacturer's product liability only to the extent
that a consumer product which a manufacturer produces vio­
lates a consumer product safety rule adopted by the Com­
mission, or contains a defect which could create a sub­
stantial product hazard.
In this regard, section 15(b) of the Consumer Product
Safety Act requires manufacturers, distributors and retailers
of consumer products who obtaine& information which rea­
sonably supports the conclusion that such product fails
to comply with a consumer product safety rule or contains a
defect which creates a substantial risk of injury to imme­
diately report ihis information to the Commission
n this regard, section 15(b) of the Consumer Product
Safety Act requires manufacturers, distributors and retailers
of consumer products who obtaine& information which rea­
sonably supports the conclusion that such product fails
to comply with a consumer product safety rule or contains a
defect which creates a substantial risk of injury to imme­
diately report ihis information to the Commission.
Pure
suant to section 15(c) of the Act, if the Commission de­
termines, after an appropriate hearing, that a product
distributed in commerce presents a substantial product
hazard and that notification is required in order to ade­
quately protect the public from such hazard, the Commission
may order the manufacturer, or any distributor or retailer
of the product to take any of the following actions:
(l) to give public notice of the defect or failure
to comply,
(2) to mail notice to each person who is a manufacturer,
distributor, or retailer of such product,



\'

-
"


.. V_'; , 
\
N
I

I 1

,
.i

(J)
to mail
notice
to every
person
to whom the person
required
to give
notice
knows such product
was
delivered
or sold.
Under section
lS(d),
if
the
Commission
determines,
after
an appropriate
hearing,
that
a product.
distributed
in commerce presents
a substantial
product
hazard
it may,
if
it
believes
it
is
in the public
interest,
order
the
manufacturer,
or any distributor
or retailer
o£ such product
to take
whichever
of the following
actions
the person
to
whom the order
is directed
electsi
(1) to bring
the product
into
conformity
with
the
requirements
of an applicable
product
safety
rule
or to repv.r
the defect
in the
product.
(2) to replace
the product·with
a like
or equivalent
product
which complies
with
an applicable
consumer
proquct
safety
rule
or which does
not contain
the
defect.
ing
actions
the person
to
whom the order
is directed
electsi
(1) to bring
the product
into
conformity
with
the
requirements
of an applicable
product
safety
rule
or to repv.r
the defect
in the
product.
(2) to replace
the product·with
a like
or equivalent
product
which complies
with
an applicable
consumer
proquct
safety
rule
or which does
not contain
the
defect.
(3) to refund
the purchase
price
of the
product
(less
a reasonable
allowance
for
use,
if
such product
has
been
in t~1e possession
of a consumer
for
one year
or more.
In addition,
section
23 of the Act
(15 U.S.C.
2072)
allows
any person
injurad
as a result
of any knowing
(in-
cluding
willful)
violation
of a consumer
product
sa£0ty
rule
or order
issued
by the Co~mission
to sue any parson
who knowingly
(including
willfully)
violated
any Euch
rule
or order
in the appropriate
United
States
district
court.
This
remedy
is in addition
to any other
remedy
provided
by corr.man law or Federal
or State
law.
Further,
any
interested
person,
may, pursuant
to section
24 o·f the Act,
(15 u.s.c.
2074~ bring
an action
in the
appropriate
U.S.
district
court
to enforce
a consumer
product
safety
rule
-
provided
30 days
notice
by registered
mail
is given
to the
Commission,
to the United
States
Attorney
General,
and to
the person
against
whom the action
is directed.
A copy of our Act is enclosed
for
your
information.
If. we may be of further
assistance
please
let
me know •
. Sincerely,
Origbd
s;..z.:"c! 'oy
:.\?.~ic::.'.).el A. Eric•.,n
"
.~ """'··\/~
(~: ... : :::
•• , ..
... -.. ' '\
~ '
., -
j
•
.
:
• ~ ' _:
• ' ••
Enclosure
V'.iABrown:
c;ng: 2/7 / 7 4
be:
S. Dunn
I
, ~~ .,
J. ._"
rt • •
Michael
A. Bro~n
General
Ccun::;el
F.
Barrett
R. Eisenberg
A. Schoern
GC Files
1 GC Reading
l/
GC Chron
_,,;.-:._~
'~
.~ """'··\/~
(~: ... : :::
•• , ..
... -.. ' '\
~ '
., -
j
•
:.'.).el A. Eric•.,n
"
.~ """'··\/~
(~: ... : :::
•• , ..
... -.. ' '\
~ '
., -
j
•
.
:
• ~ ' _:
• ' ••
Enclosure
V'.iABrown:
c;ng: 2/7 / 7 4
be:
S. Dunn
I
, ~~ .,
J. ._"
rt • •
Michael
A. Bro~n
General
Ccun::;el
F.
Barrett
R. Eisenberg
A. Schoern
GC Files
1 GC Reading
l/
GC Chron
_,,;.-:._~
'~
.~ """'··\/~
(~: ... : :::
•• , ..
... -.. ' '\
~ '
., -
j
•
.
:
• ~ ' _:
• ' ••
I
, ~~ .,
J. ._"
rt • •
n
_,,;.-:._~
'~
.
2
(3) to mail notice to every person to whom the person
required to give notice knows such product was
delivered or sold.
Under section 15(d), if the Commission determines,
after an appropriate hearing, that a product distributed
in commerce presents a substantial product hazard it may,
if it believes it is in the public interest, order the
manufacturer, or any distributor or retailer of such product
to take whichever of the following actions the person to
whom the order is directed elects:
(l) to bring the product into conformity with the
requirements of an applicable product safety
rule or to repair the defect in the product.
(2) to replace the product with a like or equivalent
product which complies with an applicable consumer
product safety rule or which does not contain
the defect.
(3) to refund the purchase price of the product (less
a reasonable allowance for use, if such product has
been in the possession of a consumer for one year
or more.
In addition, section 23 of the Act (15 U.S.C. 2072)
allows any person injured as a result of any knowing (in­
cluding willful) violation of a consumer product safety
rule or order issued by the Commission to sue any person
who knowingly (including willfully) violated any such
rule or order in the appropriate United States district
court.
This remedy is in addition to any other remedy
provided by common law or Federal or State law.
Further, any
interested person, may, pursuant to section 24 of the Act,
(15 U.S.C. 2074 bring an action in the appropriate U.S
e or order issued by the Commission to sue any person
who knowingly (including willfully) violated any such
rule or order in the appropriate United States district
court.
This remedy is in addition to any other remedy
provided by common law or Federal or State law.
Further, any
interested person, may, pursuant to section 24 of the Act,
(15 U.S.C. 2074 bring an action in the appropriate U.S.
district court to enforce a consumer product safety rule ҙ
provided 30 days notice by registered mail is given to the
Commission, to the United States Attorney General, ana to
the person against whom the action is directed.
A copy of our Act is enclosed for your information.
If we may be of further assistance please let me know.
Enclosure
MABrown:dmg: 2/7/74
bc: S. Dunn
Sincerely,
Original sis.ed by
\'icheel A. Brevn
A
i {Rf[;::

, .'

i' 

Michael A. Erovn
General Ccunsel
F. Barrett
R. Eisenberg
A. Schoem
GC Files
ҝ GC Reading
Ҟ GC Chron
*  •  A 

Қ қ
\ Ҝ

## Nearby sections

- [CPSC OGC Advisory Opinion No. 2 (1973) CPSC OGC Advisory Opinion No. 2](https://www.frixlaw.com/law-library/statutes/CPSC_AO_2.md)
- [CPSC OGC Advisory Opinion No. 4 (1973) CPSC OGC Advisory Opinion No. 4](https://www.frixlaw.com/law-library/statutes/CPSC_AO_4.md)
- [CPSC OGC Advisory Opinion No. 8 (1973) CPSC OGC Advisory Opinion No. 8](https://www.frixlaw.com/law-library/statutes/CPSC_AO_8.md)
- [CPSC OGC Advisory Opinion No. 9 (1973) CPSC OGC Advisory Opinion No. 9](https://www.frixlaw.com/law-library/statutes/CPSC_AO_9.md)
- [CPSC OGC Advisory Opinion No. 12 CPSC OGC Advisory Opinion No. 12](https://www.frixlaw.com/law-library/statutes/CPSC_AO_12.md)
- [CPSC OGC Advisory Opinion No. 17 (1973) CPSC OGC Advisory Opinion No. 17](https://www.frixlaw.com/law-library/statutes/CPSC_AO_17.md)
- [CPSC OGC Advisory Opinion No. 19 (1973) CPSC OGC Advisory Opinion No. 19](https://www.frixlaw.com/law-library/statutes/CPSC_AO_19.md)
- [CPSC OGC Advisory Opinion No. 20 (1973) CPSC OGC Advisory Opinion No. 20](https://www.frixlaw.com/law-library/statutes/CPSC_AO_20.md)
- [CPSC OGC Advisory Opinion No. 24 (1973) CPSC OGC Advisory Opinion No. 24](https://www.frixlaw.com/law-library/statutes/CPSC_AO_24.md)
- [CPSC OGC Advisory Opinion No. 27 (1973) CPSC OGC Advisory Opinion No. 27](https://www.frixlaw.com/law-library/statutes/CPSC_AO_27.md)
- [CPSC OGC Advisory Opinion No. 33 (1973) CPSC OGC Advisory Opinion No. 33](https://www.frixlaw.com/law-library/statutes/CPSC_AO_33.md)
- [CPSC OGC Advisory Opinion No. 34 (1973) CPSC OGC Advisory Opinion No. 34](https://www.frixlaw.com/law-library/statutes/CPSC_AO_34.md)
- [CPSC OGC Advisory Opinion No. 35 (1973) CPSC OGC Advisory Opinion No. 35](https://www.frixlaw.com/law-library/statutes/CPSC_AO_35.md)
- [CPSC OGC Advisory Opinion No. 36 (1973) CPSC OGC Advisory Opinion No. 36](https://www.frixlaw.com/law-library/statutes/CPSC_AO_36.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CPSC_AO_82. Check the current official text before relying on it. Not legal advice.