Regulatory Preemption

Preemption Letter to Congress

Federal agencies are becoming the latest tool of the enemies of civil justice. Send a letter to your Congressperson to warn them of the dangers of Regulatory Preemption today!

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Dear (recipient name),

To: Congress
From:  Activists
Re: Regulatory Preemption

Dear Member of Congress:

The enemies of civil justice are using federal agencies like the Food & Drug Administration (FDA) and the National Highway Transportation Safety Administration (NHTSA) to protect wrongdoers, trampling Congressional authority and placing at risk the health and safety of all Americans. This flagrant disregard of both state law and the will of Congress by the federal agencies is called “Regulatory Preemption.” Its effects can be devastating for everyday Americans, because it strips Congress and the states of their abilities to protect American citizens, and denies citizens the right to get justice through the courts.

These are two examples of the destructive effects of Regulatory Preemption:

Prescription Drug Labeling:  Under the FDA’s new prescription drug labeling rule, a drug company that puts a dangerous drug on the market – such as Vioxx, which an FDA scientist says killed as many as 55,000 people – could not be held responsible based on the drug company’s failure to warn doctors and patients of a drug’s dangers as long as the drug’s warning label met the new minimum federal standards.

Roof Crush Safety:  Currently, 10,000 people die and 24,000 people are injured every year in vehicle rollover accidents.  Instead of acting to significantly reduce injuries as Congress has directed, NHTSA proposed a weak roof crush standard that only may save an additional 13 to 44 people and does not require testing the passenger side for roof strength.  NHTSA stated that people should not be able to hold manufacturers accountable when they put defective products on the market, as long as those products meet this lower standard -- even in states where higher standards are already in place!

I urge you to oppose this attempt to usurp the authority of Congress, state legislatures and state courts to effectively protect citizens harmed through no fault of their own.

Those elected to Congress and state legislatures must have the power to protect the health and safety of those they represent. Moreover, the courts should retain the power to hold wrongdoers accountable when they harm innocent people.

I urge you to use your oversight authority to ensure that unelected bureaucrats do not go around Congress and take away the rights of American citizens to get justice.

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