Posts Tagged ‘pre-emption’

If President-elect Barack Obama wants to set a different course than the Bush administration, which resisted and turned back critical health, safety and environmental protections, he can start by striking down his predecessor’s eight-year effort to tilt the regulatory field heavily toward big business and industry.

In a letter sent Tuesday to Peter Orszag, the incoming Office of Management and Budget director, and Cass Sunstein, who is expected to serve as Obama’s regulatory czar, Public Citizen reiterates its request that President-elect Obama make the health and safety of American families the underlying goal of all federal regulations.

The new president can take an important step in this direction by amending a key executive order to reverse the erosion of consumer rights that occurred under the Bush administration. Public Citizen, which was joined by other public interest groups, outlined in a letter sent to the transition team last month how the order could be drafted.

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Is the media finally catching on to the Bush administration’s campaign to weaken the rights of consumers to seek compensation for injuries from faulty products? Maybe. A few outlets picked up on Alicia Mundy’s Wall Street Journal piece about the administration’s attempts to do an end around Congress and the Courts in its effort to undermine consumer protections in state courts.

Bush administration officials, in their last weeks in office, are pushing to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.

The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. The latest changes cap a multiyear effort that could be one of the administration’s lasting legacies, depending in part on how the underlying principle of pre-emption fares in a case the Supreme Court will hear next month.

Coincidently, the National Highway Traffic Safety Administration issued a new regulation today that seeks to immunize school bus manufacturers who comply with federal standards from liability for personal injury caused by faulty products.

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flickr photo/mrjoro

Public Citizen won another victory against pre-emption in the case of a New Jersey woman who sued Chicken-of-the-Sea after suffering severe mercury poisoning from eating canned tuna. Chicken-of-the-Sea and the FDA tried to argue that the woman’s case should be thrown out because the FDA had issued an advisory brochure warning of canned tuna’s potentially hazardous heavy-metal content.

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