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Governing product safety: are government regulatory agencies doing enough to ensure that consumer products are safe? Two attorneys from Consumers Union discuss the system''s weaknesses and needed improvements.

Article Excerpt
To help keep consumers safe, government agencies promulgate safety regulations, test products, recall unreasonably dangerous products, educate the public on safe use and purchase behavior, and enforce manufacturers' compliance with the law. So why do dangerous and defective products still reach the marketplace ? Are government agencies' actions inadequate to protect the public?

Consumer groups often criticize agencies' handling of safety hazards. For example, several environmental groups are suing the EPA for its handling of issues related to pressure, treated wood containing arsenic: The industry recently completed a "voluntary phaseout" of the product, but the agency did not require a recall or rehabilitation of the wood in structure that are already in parks and backyards.

In addition, a Pennsylvania couple whose son was severely brain damaged by a BB from an allegedly defective air gun is suing the Consumer Product Safety Commission (CPSC): The commission sued the manufacturer in 2001 to force a recall but--under different agency leadership--settled the suit late last year, without requiring the recall.

Are these isolated failures or symptoms of a deeper problem in the regulatory system?

The nonprofit Consumers Union (CU), the publisher of Consumer Reports, focuses on issues of product safety. Besides testing products and publicizing safety issues, the group also works with government agencies and Congress to improve standards and compliance.

"We push hard for agencies to carry out their mandate to ensure the safety of products in the marketplace, to engage in rule-making, where needed, and to set adequate standards for all kinds of consumer products, "said SALLY GREENBERG, CU's senior product safety counsel. "We try to make sure there is a balance within federal agencies, because we know the manufacturers have a lot more people, a lot more money, and are in a position to wield more power."

"The mission of Consumers Union is 'Test, Inform, Protect,'" added JANELL MAYO DUNCAN, the organization's legislative and regulatory counsel. "If there's a problem with something that we've seen or tested, we work with Congress and the safety agencies to reduce or eliminate the risk to consumers."

Greenberg works on issues related to the National Highway Traffic Safety Administration (NHTSA) and CPSC. Duncan, formerly with the FDA's Office of Chief Counsel, works with that agency. They spoke to TRIAL Associate Editor SARA HOFFMAN JURAND at CU's Washington, D.C., office.

TRIAL: Why do government standards sometimes fall short of our safety expectations? What other interests are agencies considering when they lower their standards ?

DUNCAN: Government regulators are always under pressure from industry to regulate as little as possible, and there's a dearth of consumer voices to push a consumer agenda. Manufacturers have considerable resources to lobby Congress and the agencies.

GREENBERG: Moreover, agency decisions are too often a victim of political considerations. The auto industry, for example, is a potent force at NHTSA, which is part of the Department of Transportation and answers directly to the president. You have political appointees in leadership roles at the agencies and a legendary revolving door. And...

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