By a vote of 407 to 0, the House reauthorized the Consumer Product Safety Commission and included statutory language specifically prohibiting the CPSC from issuing any rule or regulation that expands the scope of preemption. The Committee Report language disapproves the Commission’s effort to preempt state law in preambles to proposed or final rules. The Report identifies the importance of “tort actions based on negligence” which the Committee notes “are predicated on procedures and standards developed over hundreds of years of American and English jurisprudence.” Hence: “The preemption provisions of the statutes under the jurisdiction of the CPSC are clear, and State common law actions and standards are not preempted.”
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