Resolution on Congressional Mandates and Defective-Product Liability Protection Exposed

The Resolution on Congressional Mandates and Defective-Product Liability Protection was adopted by ALEC's Civil Justice Task Force at the Spring Task Force Summit on May 1, 2004, approved by the full ALEC Board of Directors May, 2004. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

PURPOSE: Concerning Congressional product mandates through legislation or regulation and the need for consistent and fair application of defective-product liability protection.

WHEREAS, the U.S. Congress has enacted laws or authorized regulations that would specify the manufacture, composition or use of certain products or constituents of products which are expressly authorized for use by Congress and/or the appropriate federal regulating body for use in commerce;

WHEREAS, to meet these Congressional mandates, companies have manufactured products in accordance with federal law and regulation,

WHEREAS, Congress should provide defective-product liability protection in a consistent and fair manner to those manufacturers that have made a good faith effort to meet federal mandates,

WHEREAS, defective-product liability protection does not hinder other legal recourse by those that are affected by the manufacture, distribution or use of these products that would seek compensation for damages,

WHEREAS, defective-product liability protection would not affect the application of any federal or state product regulations,

NOW THEREFORE BE IT RESOLVED, that Congress shall provide fair and consistent defective-product liability protection for products that are expressly authorized for use and/or approved by the Federal Government either by law and/or regulation,

BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to the President of the United States, House and Senate leadership, the Attorney General for the Department of Justice, the Secretary of the Department of Commerce and the Administrator of the U.S. Environmental Protection Agency.

Adopted by ALEC's Civil Justice Task Force at the Spring Task Force Summit May 1, 2004. Approved by full ALEC Board of Directors May, 2004.