15 U.S.C. § 2073 — Additional enforcement of product safety rules and section 2064 orders

(a) In general. Any interested person, including an individual, nonprofit, business, or other entity, may sue in a United States district court where the defendant is found or does business to enforce a consumer product safety rule^* or an order under section 2064 and seek an appropriate injunction. At least 30 days before starting the action, the person must notify by registered mail the Commission^*, the Attorney General, and the person being sued. The notice must state^* the alleged violation’s nature, the relief sought, and the court where the action will be filed. A separate suit is not allowed if, when it is filed, the same alleged violation is the subject of a pending United States civil or criminal action under this chapter. In an action under this section, the court may, in the interest of justice, award lawsuit costs, including reasonable attorney fees set under section 2060(f) and reasonable expert-witness fees.

(b) State Attorney General enforcement. (1) Right of action. Except as paragraph (5) provides, a State attorney general or other authorized State officer who alleges a violation of section 2068(a)(1), (2), (5), (6), (7), (9), or (12) affecting or possibly affecting the State or its residents may sue on behalf of the State’s residents in a United States district court where the defendant is found or does business to obtain an appropriate injunction. (2) Initiation of civil action. (A) Notice to Commission required in all cases. A State must give the Commission written notice of any action under paragraph (1). Unless proceeding under subparagraph (C), it must give notice at least 30 days before it plans to start the action by filing a complaint. (B) Filing of complaint. The State may file the complaint after the 30-day period ends, or earlier if the Commission agrees to the earlier filing. (C) Actions involving substantial product hazard. Despite subparagraph (B), the State may file immediately after telling the Commission that immediate action is needed to protect residents from a substantial product hazard, as defined in section 2064(a). (D) Form of notice. The required written notice may be sent by email, fax, or another communication method the Commission accepts. (E) Copy of complaint. The State must give the Commission a copy of the complaint when it files it or as soon as possible afterward. (3) Intervention by the Commission. The Commission may intervene. After intervening, it may (A) be heard on every matter in the action and (B) petition to appeal a decision in the action. (4) Construction. Nothing in this section, section 1264(d), section 1477, or section 1194(a) prevents a State attorney general or authorized State officer from using powers granted by State law, or prohibits that official from proceeding in State or federal court based on an alleged violation of a State civil or criminal statute. (5) Limitation. Except for a suit alleging a violation of paragraph (1) or (2) of section 2068(a), no separate suit may be filed under this subsection if, when filed, the same alleged violation is the subject of a pending United States civil or criminal action under this chapter. (6) Restrictions on private counsel. If private counsel assists in an action under paragraph (1), that counsel may not (A) share with participants in other private civil actions arising from the same operative facts information that (i) is protected by attorney-client or work-product privilege and (ii) was obtained during discovery in the action under paragraph (1), or (B) use in another private civil action arising from the same operative facts privileged attorney-client or work-product information obtained while assisting the State in the action under paragraph (1).