Oregon enacted the Toxic-Free Kids Act, which directs the Oregon Health Authority to establish and maintain a list of high-priority chemicals of concern for children’s health. Manufacturers of consumer products with those chemicals to provide certain notices are required to publish notices, and, after several years, are prohibited from selling those products in the state. The law contains exemptions, though, which are granted upon application for several reasons–including compliance with federal consumer product safety standards.
Manufacturers of children’s products challenged the law as preempted by both the Federal Hazardous Substances Act (“FHSA”) and the Consumer Product Safety Act (“CPSA”)–two statutes implemented by the Consumer Products Safety Commission. The district court dismissed their claims, and the Ninth Circuit today affirmed, finding that the state law and its implementing regulations were neither expressly nor impliedly preempted.
