According to Federal Statute, regulation and case law, a consumer product is defined as “any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise”:
In ASG Industries, Inc. v. Consumer Product Safety Commission – 593 F.2d 1323 (D.C. Cir. 1979), the appellate court included this definition in its opinion:
The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include —
(A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer.
A consumer product may be “any article, or component part thereof.” The term “article” was intended to refer to a distinct article of commerce, as opposed to any physical entity that might exist at an intermediate stage of production. Anaconda, supra, at ___-___, 593 F.2d at 1314-1322. The reason for the phrase “or component part thereof” was to enable the Commission to regulate just a part of a consumer product if only such regulation were warranted. Thus a product may qualify as a “consumer product” if it either is produced or distributed as a distinct article of commerce (and fulfills the other definitional requirements), or is produced or distributed as a component part of such a distinct article. Id. As we brought out in Anaconda, clauses (i) and (ii) of the definition were designed to ensure that the term “consumer product” would encompass the various modes of distribution through which consumers acquire products and are exposed to the risks of injury associated with those products — not only direct sale transactions, covered by clause (i), but also any lease, promotional gift, or purchase by an institution, for consumer use, covered by clause (ii). Id. at ___-___, 593 F.2d at 1314-1322.
Under, Section 2052 of the Consumer Product Safety Act (15 U.S.C. 47) a consumer product is defined as:
(5) Consumer product
The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include—
(A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer,
(B) tobacco and tobacco products,
(C) motor vehicles or motor vehicle equipment (as defined by section 30102(a)(6) and (7) of title 49 1),
(D) pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]),
(E) any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article,
(F) aircraft, aircraft engines, propellers, or appliances (as defined in section 40102(a) of title 49),
(G) boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph,
(H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or
(I) food. The term “food”, as used in this subparagraph means all “food”, as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(f)], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [21 U.S.C. 1033]).
Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual who is employed for that purpose and who is not a consumer with respect to such device, and which is not permanently fixed to a site. Such term does not include such a device which is permanently fixed to a site. Except for the regulation under this chapter or the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.] of fireworks devices or any substance intended for use as a component of any such device, the Commission shall have no authority under the functions transferred pursuant to section 2079 of this title to regulate any product or article described in subparagraph (E) of this paragraph or described, without regard to quantity, in section 845(a)(5) of title 18. See sections 2079(d) 1 and 2080 of this title, for other limitations on Commission’s authority to regulate certain consumer products.
And, under Section 1102.6 of Subchapter B Of Consumer Product Safety Act Regulations:
(3) Consumer product means a consumer product as defined in section 3(a)(5) of the CPSA, and also includes any other products or substances regulated by the Commission under any other act it administers.
Related:
- Examples of Product Liability Cases – Bottles and Containers
- Examples of Product Liability Cases – Wheels and Tires
- Fort Lauderdale Product Liability Attorney
_______________
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.