Pactra Industries, Inc. v. Consumer Product Safety Commission, Dap, Inc., Intervenor, Sprayon Products, Inc., Intervenor

This case requires an examination of the statutory authority of the Consumer Products Safety Commission (the Commission) to issue regulations under section 701(e) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 371 (e), without first holding public hearings. Pactra Industries, Inc. (Pactra) petitions for review of an order of the Commission promulgating a regulation that classifies all self-pressurized products intended or suitable for household use and containing vinyl chloride monomer as “banned hazardous substances” and that requires the repurchase of all existing quantities of those articles.

The Commission’s order and regulation are predicated on the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261-1274 . The act defines “hazardous substance[s]” to include certain toxic, corrosive, irritating, sensitizing, flammable, pressure generating, or radioactive materials which may cause substantial illness or injury as a proximate result of foreseeable use. 15 U.S.C. §§ 1261 (f)(1)(A), (B) & (C). The Commission is authorized to adopt regulations declaring specific items to be hazardous substances. Id. § 1262(a). Hazardous substances are subject to various inspection and…