---
kind: "section"
citation: "15 U.S.C. § 2073"
title: "15"
title_heading: "Commerce and Trade"
number: "2073"
heading: "Additional enforcement of product safety rules and section 2064 orders"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2073"
units:
  - "Chapter 47 — Consumer Product Safety"
---

# §2073. Additional enforcement of product safety rules and section 2064 orders

- (a) **In general—** Any interested [person](/usc/15/7a.md?p=6) (including any individual or nonprofit, business, or other entity) may bring an action in any [United States](/usc/15/2052.md?p=a-17) district court for the district in which the defendant is found or transacts business to enforce a [consumer product safety rule](/usc/15/2052.md?p=a-6) or an order under [section 2064 of this title](/usc/15/2064.md), and to obtain appropriate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested [person](/usc/15/7a.md?p=6) shall give notice by registered mail to the [Commission](/usc/15/2052.md?p=a-4), to the Attorney General, and to the [person](/usc/15/7a.md?p=6) against whom such action is directed. Such notice shall [state](/usc/15/2052.md?p=a-15) the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the [United States](/usc/15/2052.md?p=a-17) under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with [section 2060(f) of this title](/usc/15/2060.md?p=f)) and reasonable expert witnesses’ fees.
- (b) **State Attorney General enforcement—**
  - (1) **Right of action—** Except as provided in [paragraph (5)](#b-5), the attorney general of a [State](/usc/15/2052.md?p=a-15), or other authorized [State](/usc/15/2052.md?p=a-15) officer, alleging a violation of [section 2068(a)(1)](/usc/15/2068.md?p=a-1), (2), (5), (6), (7), (9), or (12) of this title that affects or may affect such [State](/usc/15/2052.md?p=a-15) or its residents may bring an action on behalf of the residents of the [State](/usc/15/2052.md?p=a-15) in any [United States](/usc/15/2052.md?p=a-17) district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief.
  - (2) **Initiation of civil action—**
    - (A) **Notice to Commission required in all cases—** A [State](/usc/15/2052.md?p=a-15) shall provide written notice to the [Commission](/usc/15/2052.md?p=a-4) regarding any civil action under [paragraph (1)](#b-1). Except when proceeding under [subparagraph (C)](#b-2-C), the [State](/usc/15/2052.md?p=a-15) shall provide the notice at least 30 days before the date on which the [State](/usc/15/2052.md?p=a-15) intends to initiate the civil action by filing a complaint.
    - (B) **Filing of complaint—** A [State](/usc/15/2052.md?p=a-15) may initiate the civil action by filing a complaint—
      - (i) at any time after the date on which the 30-day period ends; or
      - (ii) earlier than such date if the [Commission](/usc/15/2052.md?p=a-4) consents to an earlier initiation of the civil action by the [State](/usc/15/2052.md?p=a-15).
    - (C) **Actions involving substantial product hazard—** Notwithstanding [subparagraph (B)](#b-2-B), a [State](/usc/15/2052.md?p=a-15) may initiate a civil action under [paragraph (1)](#b-1) by filing a complaint immediately after notifying the [Commission](/usc/15/2052.md?p=a-4) of the [State](/usc/15/2052.md?p=a-15)’s determination that such immediate action is necessary to protect the residents of the [State](/usc/15/2052.md?p=a-15) from a substantial product hazard (as defined in [section 2064(a) of this title](/usc/15/2064.md?p=a)).
    - (D) **Form of notice—** The written notice required by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the [Commission](/usc/15/2052.md?p=a-4).
    - (E) **Copy of complaint—** A [State](/usc/15/2052.md?p=a-15) shall provide a copy of the complaint to the [Commission](/usc/15/2052.md?p=a-4) upon filing the complaint or as soon as possible thereafter.
  - (3) **Intervention by the Commission—** The [Commission](/usc/15/2052.md?p=a-4) may intervene in such civil action and upon intervening—
    - (A) be heard on all matters arising in such civil action; and
    - (B) file petitions for appeal of a decision in such civil action.
  - (4) **Construction—** Nothing in this section, [section 1264(d) of this title](/usc/15/1264.md?p=d), [section 1477 of this title](/usc/15/1477.md), or [section 1194(a) of this title](/usc/15/1194.md?p=a) shall be construed—
    - (A) to prevent the attorney general of a [State](/usc/15/2052.md?p=a-15), or other authorized [State](/usc/15/2052.md?p=a-15) officer, from exercising the powers conferred on the attorney general, or other authorized [State](/usc/15/2052.md?p=a-15) officer, by the laws of such [State](/usc/15/2052.md?p=a-15); or
    - (B) to prohibit the attorney general of a [State](/usc/15/2052.md?p=a-15), or other authorized [State](/usc/15/2052.md?p=a-15) officer, from proceeding in [State](/usc/15/2052.md?p=a-15) or Federal court on the basis of an alleged violation of any civil or criminal statute of that [State](/usc/15/2052.md?p=a-15).
  - (5) **Limitation—** No separate suit shall be brought under this subsection (other than a suit alleging a violation of paragraph (1) or (2) of [section 2068(a) of this title](/usc/15/2068.md?p=a)) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the [United States](/usc/15/2052.md?p=a-17) under this chapter.
  - (6) **Restrictions on private counsel—** If private counsel is retained to assist in any civil action under [paragraph (1)](#b-1), the private counsel retained to assist the [State](/usc/15/2052.md?p=a-15) may not—
    - (A) share with participants in other private civil actions that arise out of the same operative facts any information that is—
      - (i) subject to attorney-client or work product privilege; and
      - (ii) was obtained during discovery in the action under [paragraph (1)](#b-1); or
    - (B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the [State](/usc/15/2052.md?p=a-15) in the action under [paragraph (1)](#b-1) in any other private civil actions that arise out of the same operative facts.

## Source credit

(Pub. L. 92–573, § 24, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(d), May 11, 1976, 90 Stat. 507; Pub. L. 97–35, title XII, § 1211(a), (h)(3)(C), Aug. 13, 1981, 95 Stat. 721, 723; Pub. L. 110–314, title II, § 218(a), Aug. 14, 2008, 122 Stat. 3060.)

## Notes

### Editorial Notes

### Amendments

2008—Pub. L. 110–314 substituted “Additional” for “Private” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b).

1981—Pub. L. 97–35 substituted “Any interested person (including any individual or nonprofit, business, or other entity)” for “Any interested person”, and “section 2060(f) of this title” for “2059(e)(4) of this title”.

1976—Pub. L. 94–284 substituted provision permitting the court to award costs in the interest of justice for the provision which permitted costs to be demanded as part of the complaint and the court to award them to the prevailing party.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

### Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.