15 U.S.C. § 2061 : US Code - Section 2061: Imminent hazards

Search 15 U.S.C. § 2061 : US Code - Section 2061: Imminent hazards

(a) Filing of action
The Commission may file in a United States district court an
action (1) against an imminently hazardous consumer product for
seizure of such product under subsection (b)(2) of this section, or
(2) against any person who is a manufacturer, distributor, or
retailer of such product, or (3) against both. Such an action may
be filed notwithstanding the existence of a consumer product safety
rule applicable to such product, or the pendency of any
administrative or judicial proceedings under any other provision of
this chapter. As used in this section, and hereinafter in this
chapter, the term "imminently hazardous consumer product" means a
consumer product which presents imminent and unreasonable risk of
death, serious illness, or severe personal injury.
(b) Relief; product condemnation and seizure
(1) The district court in which such action is filed shall have
jurisdiction to declare such product an imminently hazardous
consumer product, and (in the case of an action under subsection
(a)(2) of this section) to grant (as ancillary to such declaration
or in lieu thereof) such temporary or permanent relief as may be
necessary to protect the public from such risk. Such relief may
include a mandatory order requiring the notification of such risk
to purchasers of such product known to the defendant, public
notice, the recall, the repair or the replacement of, or refund
for, such product.
(2) In the case of an action under subsection (a)(1) of this
section, the consumer product may be proceeded against by process
of libel for the seizure and condemnation of such product in any
United States district court within the jurisdiction of which such
consumer product is found. Proceedings and cases instituted under
the authority of the preceding sentence shall conform as nearly as
possible to proceedings in rem in admiralty.
(c) Consumer product safety rule
Where appropriate, concurrently with the filing of such action or
as soon thereafter as may be practicable, the Commission shall
initiate a proceeding to promulgate a consumer product safety rule
applicable to the consumer product with respect to which such
action is filed.
(d) Jurisdiction and venue; process; subpena
(1) An action under subsection (a)(2) of this section may be
brought in the United States district court for the District of
Columbia or in any judicial district in which any of the defendants
is found, is an inhabitant or transacts business; and process in
such an action may be served on a defendant in any other district
in which such defendant resides or may be found. Subpenas requiring
attendance of witnesses in such an action may run into any other
district. In determining the judicial district in which an action
may be brought under this section in instances in which such action
may be brought in more than one judicial district, the Commission
shall take into account the convenience of the parties.
(2) Whenever proceedings under this section involving
substantially similar consumer products are pending in courts in
two or more judicial districts, they shall be consolidated for
trial by order of any such court upon application reasonably made
by any party in interest, upon notice to all other parties in
interest.
(e) Employment of attorneys by Commission
Notwithstanding any other provision of law, in any action under
this section, the Commission may direct attorneys employed by it to
appear and represent it.
(g) (!1) Cost-benefit analysis of compliance with relief ordered in
action for judicial review of consumer product safety rule not
required
Nothing in this section shall be construed to require the
Commission, in determining whether to bring an action against a
consumer product or a person under this section, to prepare a
comparison of the costs that would be incurred in complying with
the relief that may be ordered in such action with the benefits to
the public from such relief.