Discussion 8

From the 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 U.S. Food & Drug Administration (FDA) protects public health by ensuring the
safety of drugs, medical devices, cosmetics and food. They also regulate the manufacturing,
marketing and distribution of tobacco products. The FDA came about in 1906, after then
President T. Roosevelt signed the Food & Drug Act into law. The FDA helps make products
safer for consumer use. The FDA is a proactive organization. Drugs are tested and must be
submitted for FDA approval before it can be sold to consumers. Drugs go through rigorous
testing and research before they can be approved. Food items are also inspected before sale. The
FDA monitors all companies that sell food or drugs to ensure that they are operating within the
health guidelines that are set.

The Consumer Product Safety Commission (CPSC) is responsible for protecting

consumers from the risk of injury or death that may be caused by a consumer product. They
ensure the safety of all types of products such as toys, children’s car seats, tools, and household
chemicals. The CPSC employs what is called an Inspector General. The inspector conducts
investigations, recommends different policies and reviews safety legislation. This agency is
proactive as well. Products are tested before they go on the market for public use and must pass
certain tests in order to be sold. This agency can also be reactive because it investigates incidents
that are caused by a faulty product. The CPSC finds ways to make products safer for the public.
They also issue recalls on products that have safety issues. One of the most recent recalls was the
recall of a children’s swing. The issue with this product is that the plastic swing may crack and
pose a fall hazard. This recall was announced today.

The National Highway Traffic Safety Administration (NHTSA) is an agency that

regulates and enforces vehicle performance standards, prevent injuries due to road crashes, and
enforces the rules of the road. They also license vehicle manufacturers. This agency is both
proactive and reactive. It is proactive because it sets safety standards for vehicles and highways
to ensure the safety of travelers. It is reactive because it analyzes traffic statistics to determine
ways to make traveling more safe.

Watch the videos below – Is NHTSA doing its job here?  If someone was seriously injured,
would they have a product liability cause of action against SMART? Why or why not?
Please be sure to identify and analyze the law.

I believe the NHTSA is doing their job. Extensive tests were run on the SMART vehicle to test
how well the car could withstand the force of a crash. The car held up well due to the strength
and make of the materials the car is made of. Because of the cars small size, it was very
important to test the endurance of the car against other cars to see how it compared. The SMART
car tested very well given its size. No matter what tests are run and how the vehicle measures,
the possibility for fatalities are highly likely. If a person was seriously injured by a SMART car,
they must establish that SMART breached their duty of care, created an unreasonable risk of
harm, and prove that the careless behavior was the cause of the crash (Halbert & Ingulli, 2012).
Since SMART has tested the vehicle extensively to predict causes of harm, it would be hard for
the injured person to prove that the company was liable for their injuries caused during the crash.

References

Halbert, T., & Ingulli, E. (2012). Law and Ethics (7th ed.). Retrieved February 26, 2017 from
https://strayer.vitalsource.com/#/books/9781305822016/cfi/6/40!/4/372/14/2@0:0