Swenson v. Emerson Electric Co.

AMDAHL, Chief Justice.

We must decide whether the federal Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. (1982), provides a private cause of action for violation of the Consumer Product Safety Commission’s substantial product hazard reporting regulations. Plaintiff Janet Swenson sought to amend her complaint to include a claim under the Act. Defendants Emerson Electric Company and A.O. Smith Corporation opposed amendment of the complaint, contending that plaintiff has no cause of action under the Consumer Product Safety Act, and that the claim under the Act was barred by the statute of…