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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

S 601: Children’s Sports Athletic Equipment Safety Act

Official Title

A bill to encourage and ensure the use of safe football helmets and for other purposes.

Analysis

This bill, which is nearly identical to H.R. 1127, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import “any item of equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item.” Violations of this provision would be treated as if they contravene the prohibitions of section 18 of the Federal Trade Commission Act (15 U.S.C. § 57a) regarding unfair or deceptive acts or practices. Any such violations would thus be enforceable through FTC civil actions as well as through criminal referral to the Department of Justice under 15 U.S.C. § 46(k).

Legislation Details
SPONSOR

udall (D - NM)

STATUS:

03/16/2011: Introduced in Senate
03/16/2011: Referred to Senate Commerce, Science and Transportation Committee