Friday, March 12, 2010

Hit’em again! Hit’em again! Harder! Harder!

In today’s vote on the Final Rule Interpreting Civil Penalties, the Commission had a chance to moderate some of the CPSIA’s harshest effects by incorporating a reasonable enforcement regime. While the new law greatly expands the allowable penalties, this is one area, and one of the few, where the law is not completely prescriptive. Here the CPSC had freedom to use its creativity and expertise to do what it does best: evaluate risk as an important factor. Unfortunately, I do not believe the lightweight language in the rule is sufficient to encourage good corporate citizens to stay in the game.

By refusing to say that we will not swat flies with sledgehammers, we instead leave people guessing and wondering if the stakes are too high to risk entering the children’s product market.

To read my official statement, click here

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