Introduction of the Protecting Americans From Unsafe Foreign Products Act

Floor Speech

Ms. LINDA T. SÁNCHEZ of California. Madam Speaker, I rise today to introduce the Protecting Americans from Unsafe Foreign Products Act.

I have been alarmed by the steady stream of defective, foreign-manufactured products flooding our marketplace. From the millions of toys recalled because of lead paint to heparin, the tainted blood thinner that caused at least 81 deaths and scores of injuries, it has become increasingly clear that our health and welfare have been compromised by foreign-made products.

I am also concerned that foreign manufacturers have gained an unfair advantage over U.S. manufacturers because foreign manufacturers have avoided liability for defective products in our marketplace. Because of the difficulties associated with serving process on and establishing jurisdiction over foreign manufacturers, many Americans harmed by defective foreign-made products never get their day in court. That is why I am introducing the Protecting Americans from Unsafe Foreign Products Act. This legislation would help eliminate the unfair competitive advantage enjoyed by foreign manufacturers and ensure that they can be held accountable for injuries consumers suffer as a result of defective products.

The legislation amends current law to facilitate service of process on foreign manufacturers by permitting service on manufacturers wherever they reside, are found, have an agent, or transact business. Service of process and personal jurisdiction is proper so long as one of the following two criteria is met: (1) the manufacturer knew or reasonably should have known that the product or component would be imported for or use in the U.S.; or (2) the manufacturer had contacts with the U.S. whether or not such contacts occurred in the place where the injury occurred.

Given the increase of imported products that do not meet U.S. standards for health, safety, and quality, and the fact that neither the Consumer Product Safety Commission nor the Food and Drug Administration have effectively prevented the importation of defective products, more consumers have become endangered. This legislation will improve accountability of foreign manufacturers and promote consumer safety, and I urge all my colleagues to join as cosponsors.

Source