State Consumer Protection in a Federal System

Increasing interest in consumerism has brought intensified efforts at every level of government to protect the consumer. While federal regulation seems desirable for nationally marketed products and interstate activities, the states retain the duty to protect the health and safety of their citizens. Where state regulation is more restrictive than concurrent federal regulation, however, the constitutional issue of preemption arises. This Article analyzes the factors which have influenced the courts in resolving conflicts between federal and state regulation in the consumer field. Emphasizing the need for concurrent regulation, the author formulates guidelines by which the courts can examine the purposes and extent of consumer protection by competing governmental entities to resolve the issue of preemption