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New State Product Labeling Laws: Preempted?

Law360 (April 2, 2009, 12:00 AM EDT) -- This article considers the impact of recent preemption decisions on the upcoming debate regarding whether new state consumer product safety labeling laws are preempted by federal laws, i.e., the Federal Hazardous Substances Act as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA).

To focus the discussion, the article considers a law passed by the Illinois legislature that, when effective, will impose lead content labeling requirements on certain children's products that would not require any labeling under current federal standards.

Until recently, it seemed...
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