Fact pattern are hypothetical

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Reference no: EM133812762

Assignment

All facts in this fact pattern are hypothetical. The agency and the statutes and regulations cited in the fact pattern are real.

Fact Pattern Kids Toys is a children's toy manufacturer and distributor located in the United States. It makes and distributes a "Gamamahi" toy that is extremely popular among 6 to 10-year-old kids. The Gamamahi is an electronic handheld game where the kids must do various things to take care of a digital fish that they see on a screen.

The United States Consumer Product Safety Commission (CPSC) received numerous complaints from parents saying that the Gamamahi would overheat when left on for periods of time. The overheating lead to some minor injuries of some children, and a few Gamamahi's actually caught on fire from the overheating, which led to more serious injuries and property damage.

Based on these complaints, the CPSC issued a Notice of Investigation and Inspection pursuant to 15 USC § 2065 and 16 CFR § 1118 to inform Kids Toys that CPSC was investigating the complaints regarding the Gamamahi. Agents from the CPSC showed up unannounced at the
Kids Toys' production and distribution factory and hand-delivered the Notice. The agents also showed their credentials to Kids Toys' personnel and asked to inspect the factory at that time.

Question 1: Kids Toys calls you to ask if they should allow the inspectors to come in and inspect the facility. What advice would you give Kids Toys and why would you give that advice?

Regardless of the advice you give, assume that Kids Toys allows the CPSC to conduct the inspection. During the inspection, the CPSC agents asked Kids Toys' employees questions about the production and distribution of the Gamamahi Toys. The agents also reviewed and copied numerous documents and took some sample Gamamahi Toys. The documents turned out to include some complaints that Kids Toys had received from consumers directly about the overheating problems.

CPSC subsequently initiated an agency adjudicatory process based upon the information it obtained during its inspection. The complaint alleges that the Gamamahi is a substantial product hazard under the Consumer Product Safety Act (CPSA), 15 U.S.C. § 2064(a), and that Kids Toys was aware of the danger of the toy and failed to report the danger to the CPSC as required under the law. The complaint includes a listing and summary of documentary evidence supporting the charges that includes the consumer complaints CPSC received and the employee interviews, documents, and samples obtained from Kids Toys.

Question 2: Do some outside research and find the Consumer Product Safety Act, and the relevant regulations that provide the CPSC with the authority to inspect. Did the CPSC follow all of the requirements in the statute and the relevant regulations in performing its investigation? Be sure to explain the requirements in detail and apply the facts to those requirements to support your answer.

Question 3: Did the CPSC's inspection of Kids Toys without a warrant violate the 4th Amendment? Why or why not? Be sure to explain the legal standards in detail and apply the facts to those standards to support your answer.

Reference no: EM133812762

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