University of Ass\'n v Associated Press, 18 So.3d 1201 (Fla. App. 2009)]1 Board

Question

University of Ass'n v Associated Press, 18 So.3d 1201 (Fla. App. 2009)]1 Board Trustees, Nanonul Collo 2. The Consumer Product Safety Commission is reconsidering a rule it first proposed in 1997 that would require child-resistant caps on household products, including cosmetics. When the rule was first proposed, it was resisted by the cosmetics industry and abandoned. However, in May 2001, a 16-month-old baby died after drinking baby oil from a bottle with a pull-tab cap. The proposed rule would cover products such as baby oil and suntan lotion and any products cont ing hydrocarbons such as cleansers and spot removers. The danger, according to the commission, is simply the inhalation by children, not necesserily the actual inges tion of the products. Five children have diea from inhal- ing such fumes since 1993, and 6,400 children under the age of five were brought into emergency rooms and/or hospitalized for treatment after breathing in hydrocar- bons. There is no medical treatment for the inhalation of hydrocarbons. Several companies in the suntan oil/lotion industry have supported the new regulations. The head of a con- r group has said, "We know these products cause sume death and injury. That is all we need to know."4 What process must the CPSC follow to promulgate the rules? What do you think of the consumer group

Explanation / Answer

1. The process that can be followed is:

2. I believe that the statement by the heads shows their awareness of the problem which has been neglected yet because of no compulsion from the government's behalf and extra cost it would bear. However, their willingness to be part of the solution to the problem is a welcome move. However, the statement can not be the only justification as there can be many reasons like irresponsibility of parents also to not keep such harmful products out of the reach of the children and who not knows that children might not open the child resistant caps also. Thus such decision should not be made in haste and report of the committee be taken into consideration for the underlying reasons of the problem,

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