Question 1

A private party cannot sue for an injunction to prevent violations of the Consumer Product Safety Act (CPSA)or of Consumer Product Safety Commission (CPSC)rules and regulations.

Accepted Answer

A private party can sue for an injunction to prevent violations of the CPSA or CPSC rules and regulations under the private enforcement provision of the CPSA.

Question 2

A decision of the Federal Trade Commission may be appealed to the applicable state supreme court.

Accepted Answer

A decision of the Federal Trade Commission can only be appealed to a U.S. Court of Appeals and ultimately to the U.S. Supreme Court. It cannot be appealed to a state court.

Question 3

The Consumer Product Safety Commission (CPSC)is an independent federal administrative agency.

Accepted Answer

The CPSC is an independent federal administrative agency that was created to oversee the safety of consumer products in the United States. It was established by Congress in 1972 as part of the Consumer Product Safety Act.

Question 4

The Federal Trade Commission Act (FTC Act)was enacted in 1970.

Accepted Answer

The Federal Trade Commission Act was actually enacted in 1914.

Question 5

If,after a public administrative hearing,the FTC finds a violation of Section 5 of the FTC Act,it may issue corrective advertising.

Accepted Answer

If the FTC finds a violation of Section 5 of the FTC Act after a public administrative hearing, it may issue corrective advertising as a remedy. Corrective advertising is a type of advertising that a company must use to remedy false or misleading claims made in previous advertising campaigns.

Question 6

The Federal Trade Commission has the authority to bring an administrative proceeding to address a deceptive or unfair practice.

Accepted Answer

The FTC has the authority to bring administrative proceedings under Section 5 of the FTC Act to address deceptive or unfair practices.

Question 7

The Consumer Product Safety Commission (CPSC)is empowered to conduct research on the safety of consumer products.

Accepted Answer

The CPSC is indeed empowered to conduct research on the safety of consumer products.

Question 8

Advertising is false and deceptive under Section 5 of the FTC Act if it contains misinformation or omits important information that is likely to mislead a "reasonable consumer."

Accepted Answer

This statement is true. The Federal Trade Commission (FTC) prohibits false and deceptive advertising, which includes any advertisements that contain incorrect or inaccurate information or omit essential information that could mislead a reasonable consumer. The FTC Act also requires advertisers to back up any claims made in their advertisements with evidence. Failure to comply with these rules can result in legal action by the FTC.

Question 9

The Consumer Product Safety Commission is part of the Food and Drug Administration.

Accepted Answer

The Consumer Product Safety Commission (CPSC) is a separate agency from the Food and Drug Administration (FDA). The CPSC is responsible for regulating and recalling consumer products to ensure their safety, while the FDA is responsible for regulating food, drugs, cosmetics, and medical devices.

Question 10

The United States Congress created the Consumer Product Safety Commission (CPSC)in 1972,through its enactment of the Consumer Product Safety Act (CPSA).

Accepted Answer

The statement is true. The CPSC was created in 1972 by Congress through the CPSA.

Question 11

Because the Consumer Product Safety Commission (CPSC)regulates potentially dangerous products,it issues product safety standards for consumer products that pose unreasonable risk of injury.

Accepted Answer

The statement is true. The CPSC is responsible for regulating and monitoring consumer products that may pose a risk of injury or harm to the public. It issues safety standards for such products to ensure their safety and prevent potential accidents or injuries.

Question 12

If,after a public administrative hearing,the FTC finds a violation of Section 5 of the FTC Act,it may issue an affirmative disclosure to consumers.

Accepted Answer

If the FTC finds a violation of Section 5 of the FTC Act after a public administrative hearing, it may issue an affirmative disclosure to consumers. This disclosure may require the company to inform consumers about the violation and to take corrective action.

Question 13

Advertising may be found false and deceptive under the Federal Trade Commission Act,even without proof of actual deception.

Accepted Answer

The Federal Trade Commission Act declares that advertising may be found deceptive even if there is no proof of actual deception. Instead, the focus is on whether the advertising message is likely to mislead a significant number of consumers.

Question 14

The Consumer Product Safety Commission (CPSC)is empowered to collect data regarding injuries caused by consumer products.

Accepted Answer

The CPSC is indeed empowered to collect data regarding injuries caused by consumer products. This data is used to inform product safety standards and recalls, among other things.

Question 15

If a consumer product is found to be potentially hazardous,the manufacturer can be required to recall,repair,or replace the product or take other corrective action.

Accepted Answer

The answer of If a consumer product is found to...

Question 16

The Consumer Product Safety Commission (CPSC)can seek injunctions,bring actions to seize hazardous consumer products,seek civil penalties for knowing violations of the act or of CPSC rules,and seek criminal penalties for knowing and willful violations of the act or of CPSC rules.

Accepted Answer

This is true according to the authorities given to the Consumer Product Safety Commission (CPSC) under various U.S. laws such as the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA).

Question 17

If,after a public administrative hearing,the FTC finds a violation of Section 5 of the FTC Act,it may issue a cease-and-desist order.

Accepted Answer

The FTC has the authority to issue a cease-and-desist order after finding a violation of Section 5 of the FTC Act in a public administrative hearing.

Question 18

The Interstate Commerce Commission (ICC)is empowered to enforce the FTC Act,as well as other federal consumer protection statutes.

Accepted Answer

The ICC was abolished in 1995, and the responsibility for enforcing federal consumer protection statutes was transferred to various other agencies such as the Federal Trade Commission (FTC). Therefore, the ICC no longer exists and is not empowered to enforce the FTC Act or any other federal consumer protection statutes.

Question 19

Section 1 of the FTC Act,as amended,prohibits unfair and deceptive practices.

Accepted Answer

Section 5 of the FTC Act, not Section 1, prohibits unfair and deceptive practices.

Question 20

The Consumer Product Safety Commission (CPSC)is empowered to adopt rules and regulations to interpret and enforce the Consumer Product Safety Act (CPSA).

Accepted Answer

This statement is true. The CPSC's authority to adopt rules and regulations is outlined in Section 9 of the CPSA.

Quiz 34: Consumer Safety, Consumer Financial Protection, and Environmental Protection