This Article critiques the current product safety regime in the United
States and identifies a means for its immediate improvement. Under the
present system, consumers are guarded against defective products by a
two-tiered safety net, comprised of federal regulatory authority and state based
tort law. However, both tiers of this safety net are flawed, and when
these flaws overlap, consumers are exposed to serious dangers from
defective products. Millions of consumer goods each year fall through
these "holes" in the safety net, with poorly designed handguns being
perhaps the best known example.
Glenn Kaplan & Chris B. Smith,
Patching the Holes in the Consumer Product Safety Net: Using State Unfair Practices Laws To Make Handguns and Other Consumer Goods Safer,
Yale J. on Reg.
Available at: https://digitalcommons.law.yale.edu/yjreg/vol17/iss2/3