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Product Liability and Torts

  • From the first e-Activity, analyze the current state of the government regulation of product safety to determine whether the referenced agencies are generally proactive or reactive. Provide one (1) specific example of each agency to support your response.

The Food and Drug Administration (FDA) is responsible for protecting public health by ensuring safety, efficacy and security of human and veterinary drugs, product, medical devices, food supply, cosmetics and any products that may emit radiation. This is a proactive administration because its responsible for products that are in the market or will be in the market in the near future. Lately, the FDA has taken significant steps to protect Americans from the dangers of tobacco through new regulations.


The Consumer product safety commission (CPSC) is a proactive commission that protects the public from unreasonable risk of injury or death associated with the use of thousands of consumer products under the agency’s jurisdiction. They are committed to protecting consumers and families from products that pose a fire, electrical chemical or mechanical hazard. Lately the CPSC has approved a new federal standard for portable hook-on chairs for babies.



The National Highway Traffic Safety Administration (NHTSA) is a reactive commission that focuses on achieving the highest standard of excellence in motor vehicle and highway safety. They prevent crashes and their attendant cost, financial and human. NHTSA has recently kicked off a ‘click it or ticket’ campaign due to the rise in traffic fatalities.


The government does have a responsibility to protect the citizens as long as they do not interfere with our rights. Discuss whether each of the agencies is proactive or reactive. Provide a specific example to support your contentions.

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