6th Circ.'s CPSC Inaction Ruling May Help Manufacturers
March 21, 2014, 1:36 PM EDT
Law360, New York (March 21, 2014, 1:36 PM EDT) -- The admissibility of the Consumer Product Safety Commission’s failure to take action to regulate products has been litigated in many courts throughout the United States, largely due to an ambiguous provision in the Consumer Product Safety Act. The Sixth Circuit recently provided important guidance on this evidentiary issue in Cummins v. BIC USA Inc., 727 F.3d 506 (2013).
In Cummins, the Sixth Circuit clarified an important distinction between CPSC activity that leads to a decision not to regulate, which is admissible, and situations where the CPSC...