Legislative News from the Brain Injury Association of America:
The United States Senate Committee on Commerce, Science, and Transportation, chaired by Senator John Thune (R-S.D.) passed the Youth Sports Concussion Act, S. 2508 out of the committee on Wednesday, April 27, 2016. The Youth Sports Concussion Act is sponsored by Senator Tom Udall (D-N.M.) and in the House of Representatives, Reps. Bill Pascrell, Jr. (D-N.J.) and Thomas J. Rooney (R-Fla.), co-chairs of the Congressional Brain Injury Task Force. BIAA thanks Chairman Thune, Ranking Member Nelson (D-Fla.), and Senator Udall for their leadership on moving this important piece of legislation forward.
The Youth Sports Concussion Act expressed the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions and future research in such area for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers.
The bill makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such an item. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill sets forth the enforcement authority of the FTC. States may bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. The FTC may intervene and appeal in state actions.
The Youth Sports Concussion Act is an important piece of legislation because it will protect our nation's youth who participate in sports related activities from concussions and other injuries by discouraging false advertising claims regarding protective equipment used in competitive sports.
BIAA and NASHIA recently spearheaded a letter of support to the Senate Commerce Committee to include the Youth Sports Concussion Act in the next executive session. Thirty six organizations signed on in support of moving this important legislation through the committee process.