II 

112TH CONGRESS 

1ST SESSION S. 601 

To encourage and ensure the use of safe football helmets and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2011 

Mr. UDALL of New Mexico (for himself, Mr. LAUTENBERG, and Mr. 

BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To encourage and ensure the use of safe football helmets 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Children’s Sports Athletic Equipment Safety Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Football helmet safety standards. 

Sec. 4. Application of third party testing and certification requirements to 

youth football helmets. 


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Sec. 5. False or misleading claims with respect to athletic sporting activity 

goods. 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Participation in sports and athletic activi4 ties provides many benefits to children and should 

5 be encouraged. 

6 (2) Participation in sports and athletic activi7 ties does involve some inevitable risk of injury that 

8 no protective gear or safety device can fully elimi9 nate. 

10 (3) Sports-related concussion is a form of trau11 matic brain injury that can lead to lasting negative 

12 health consequences. 

13 (4) Direct medical costs and indirect costs of 

14 traumatic brain injuries totaled an estimated 

15 $60,000,000,000 in the United States in the year 

16 2000. 

17 (5) Sports are the second leading cause of trau18 matic brain injury for Americans who are 15 to 24 

19 years old, behind only motor vehicle crashes. 

20 (6) Every year, American athletes suffer up to 

21 an estimated 3,800,000 sports-related concussions. 

22 (7) The potential for catastrophic injury result23 ing from multiple concussions makes sports-related 


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1 concussions a significant concern for young athletes, 

2 coaches, and parents. 

3 (8) Football has the highest incidence of con4 cussions, which also occur in many other sports such 

5 as baseball, basketball, ice hockey, lacrosse, soccer, 

6 and softball. 

7 (9) An estimated 4,500,000 children play foot8 ball in organized youth and school sports leagues, in9 cluding approximately 1,500,000 high school players. 

10 (10) According to the Consumer Product Safety 

11 Commission, more than 920,000 athletes under the 

12 age of 18 were treated in emergency rooms, doctors’ 

13 offices, and clinics for football-related injuries in the 

14 year 2007. 

15 (11) In any given football season, 20 percent of 

16 all high school football players sustain brain injuries. 

17 (12) One study that included a post-season sur18 vey of football players found that 47 percent experi19 enced at least one concussion and almost 35 percent 

20 experienced multiple concussions. 

21 (13) Medical experts at Boston University 

22 School of Medicine found that a deceased 18-year23 old athlete, who had experienced multiple concus24 sions playing high school football, suffered from 


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1 chronic traumatic encephalopathy, a degenerative 

2 brain disease caused by head trauma. 

3 (14) A football helmet’s ability to protect play4 ers from injury by attenuating acceleration forces 

5 can decline over time as the helmet experiences 

6 thousands of hits from use during successive football 

7 seasons after its original date of manufacture. 

8 (15) According to industry estimates, 100,000 

9 football helmets more than ten years old, and thou10 sands almost twenty years old, were worn by players 

11 in the 2009 season. 

12 (16) A high school football player who suffered 

13 brain damage from being hit in the head soon after 

14 suffering a previous concussion was wearing a 20- 

15 year-old football helmet when he was injured. 

16 (17) Children as young as 5 years old rely on 

17 football helmets to protect against head injury. 

18 (18) The widespread adoption of a voluntary in19 dustry standard for football helmet safety led to an 

20 80 percent reduction in life-threatening subdural he21 matoma injuries. 

22 (19) The voluntary industry safety standard for 

23 football helmets does not specifically address concus24 sion risk. 


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1 (20) There is no voluntary industry safety 

2 standard specifically for youth football helmets worn 

3 by children, who have different physiological charac4 teristics from adults in terms of head size and neck 

5 strength, especially those who are younger than 12 

6 years old. 

7 (21) Some football helmet manufacturers and 

8 resellers have used misleading concussion safety 

9 claims to sell children’s football helmets. 

10 (22) Some used helmet reconditioners have 

11 falsely certified that reconditioned helmets provided 

12 to schools and youth football teams met voluntary 

13 industry safety standards. 

14 (23) Used helmet reconditioners do not inde15 pendently test reconditioned helmets before certi16 fying that they meet voluntary industry safety 

17 standards. 

18 (24) The industry organization that sets vol19 untary football helmet safety standards does not 

20 conduct independent testing nor market surveillance 

21 to ensure compliance with such voluntary safety 

22 standards by manufacturers and reconditioners that 

23 certify new and used helmets to such standards. 

24 (25) Football helmet manufacturers and re25 conditioners place product warning labels underVerDate Mar 15 2010 23:51 Mar 16, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 neath padding where the warning labels are ob2 scured from view and not clearly legible. 

3 (26) The Consumer Product Safety Act (15 

4 U.S.C. 2051 et seq.) charges the Consumer Product 

5 Safety Commission with protecting the public from 

6 unreasonable risks of serious injury or death from 

7 consumer products, including consumer products 

8 used in recreation and in schools. 

9 (27) The Federal Trade Commission Act (15 

10 U.S.C. 41 et seq.) empowers the Federal Trade 

11 Commission to prevent unfair or deceptive acts or 

12 practices, and prohibits the dissemination of mis13 leading claims for devices or services. 

14 SEC. 3. FOOTBALL HELMET SAFETY STANDARDS. 

15 (a) VOLUNTARY STANDARD DETERMINATION.— 

16 Within 9 months after the date of enactment of this Act, 

17 the Consumer Product Safety Commission shall deter18 mine, with respect to a standard or standards submitted 

19 by a voluntary standards-setting organization regarding 

20 youth football helmets, reconditioned football helmets, and 

21 new football helmet concussion resistance (if feasible) 

22 whether— 

23 (1) compliance with the standard or standards 

24 is likely to result in the elimination or adequate reVerDate Mar 15 2010 23:51 Mar 16, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 duction of the risk of injury in connection with the 

2 use of football helmets; 

3 (2) it is likely that there will be substantial 

4 compliance with the standard or standards; and 

5 (3) the standard or standards are maintained 

6 by a standards-setting organization that meets the 

7 requirements of the document ‘‘ANSI Essential Re8 quirements: Due Process Requirements for Amer9 ican National Standards’’ published in January 

10 2010 by the American National Standards Institute 

11 (or any successor document). 

12 (b) CONSUMER PRODUCT SAFETY STANDARD.—Un13 less the Consumer Product Safety Commission makes an 

14 affirmative determination with respect to a standard or 

15 standards under subsection (a) that addresses the matters 

16 to which the following standards would apply, the Com17 mission shall initiate a rulemaking proceeding for the de18 velopment of a consumer product safety rule with respect 

19 to the following: 

20 (1) YOUTH FOOTBALL HELMETS.—A standard 

21 for youth football helmets which is informed by chil22 dren’s different physiological characteristics from 

23 adults in terms of head size and neck strength. 

24 (2) RECONDITIONED FOOTBALL HELMETS.—A 

25 standard for all reconditioned football helmets. 


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1 (3) NEW FOOTBALL HELMET CONCUSSION RE2 SISTANCE.—A standard for all new football helmets 

3 that addresses concussion risk, if the Commission 

4 determines that such a standard is feasible given 

5 current understanding of concussion risk and how 

6 helmets can prevent concussion. 

7 (4) FOOTBALL HELMET WARNING LABELS.—A 

8 standard for warning labels on all football helmets 

9 that, at a minimum, requires clearly legible and fully 

10 visible statements warning consumers of the limits 

11 of protection afforded by the helmet. This standard 

12 may include requirements for pictograms, instruc13 tions, guidelines, or other cautions to consumers 

14 about injury risk and the proper use of football hel15 mets. 

16 (5) DATE OF MANUFACTURE LABEL FOR NEW

17 FOOTBALL HELMETS.—A standard for a clearly leg18 ible and fully visible label on all new football helmets 

19 stating the football helmet’s original date of manu20 facture and warning consumers that a football hel21 met’s ability to protect the wearer can decline over 

22 time. 

23 (6) DATE OF RECONDITIONING LABEL FOR RE24 CONDITIONED HELMETS.—A standard for a clearly 

25 legible and fully visible label on all reconditioned 


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1 football helmets stating the helmet’s last date of re2 conditioning, its original date of manufacture, and 

3 warning consumers that a football helmet’s ability to 

4 protect the wearer can decline over time, despite 

5 being properly and regularly reconditioned. 

6 (c) SAFETY STANDARDS.— 

7 (1) IN GENERAL.—The Commission shall— 

8 (A) in consultation with representatives of 

9 coaches, consumer groups, engineers, medical 

10 experts, school sports directors, scientists, and 

11 sports equipment standard-setting organiza12 tions, examine and assess the effectiveness of 

13 any voluntary consumer product safety stand14 ards for youth football helmets, reconditioned 

15 football helmets, and new football helmet con16 cussion resistance proposed by a voluntary 

17 standards-setting organization; and 

18 (B) in accordance with section 553 of title 

19 5, United States Code, promulgate consumer 

20 product safety standards that— 

21 (i) are substantially the same as such 

22 voluntary standards; or 

23 (ii) are more stringent than such vol24 untary standards, if the Commission deter25 mines that more stringent standards would 


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1 further reduce the risk of injury associated 

2 with football helmets. 

3 (2) TIMETABLE FOR RULEMAKING.—If the 

4 Commission does not make an affirmative deter5 mination under subsection (a) within the 9-month 

6 period, the Commission shall commence the rule7 making required by subsection (b) within 30 days 

8 after the end of that 9-month period. The Commis9 sion shall periodically review and revise the stand10 ards set forth in the consumer product safety rule 

11 prescribed pursuant to that proceeding to ensure 

12 that such standards provide the highest level of safe13 ty for football helmets that is feasible. 

14 SEC. 4. APPLICATION OF THIRD PARTY TESTING AND CER15 TIFICATION REQUIREMENTS TO YOUTH 

16 FOOTBALL HELMETS. 

17 (a) IN GENERAL.—The third party testing and cer18 tification requirements of section 14(a)(2) of the Con19 sumer Product Safety Act (15 U.S.C. 2063(a)(2)) shall 

20 apply to any youth football helmet (including a recondi21 tioned youth football helmet) to which any consumer prod22 uct safety rule prescribed under section 3(b) of this Act 

23 applies as if the helmet were a children’s product that is 

24 subject to a children’s product safety rule without regard 


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1 to the age of the individual for whom it is primarily de2 signed or intended. 

3 (b) SPECIAL APPLICATION OF DEFINITION OF CHIL4 DREN’S PRODUCT FOR PURPOSES OF TESTING AND CER5 TIFICATION OF FOOTBALL HELMETS.—For the exclusive 

6 purpose of applying the definition of the term ‘‘children’s 

7 product’’ in section 3(a)(2) of the Consumer Product Safe8 ty Act (15 U.S.C. 2052(a)(2)) to the requirements of sub9 section (a) of this section, ‘‘18 years’’ shall be substituted 

10 for ‘‘12 years’’ each place it appears. 

11 (c) For the purposes of this section, third party test12 ing and certification shall be conducted by a testing lab13 oratory that has an accreditation— 

14 (1) that meets International Organization for 

15 Standardization/International Electrotechnical Com16 mission standard 17025:2005 entitled General Re17 quirements for the Competence of Testing and Cali18 bration Laboratories (or any successor standard that 

19 is from an accreditation body that is signatory to 

20 the International Laboratory Accreditation Coopera21 tion for testing accreditation); 

22 (2) that meets International Organization for 

23 Standardization/International Electrotechnical Com24 mission Guide 65:1996 entitled General Require25 ments for Bodies Operating Product Certification 


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1 Systems (or any successor standard that is from an 

2 accreditation body that is signatory to the Inter3 national Accreditation Forum for product certifi4 cation accreditation); and 

5 (3) that includes all appropriate football helmet 

6 standards and test methods within the scope of the 

7 accreditation. 

8 SEC. 5. FALSE OR MISLEADING CLAIMS WITH RESPECT TO 

9 ATHLETIC SPORTING ACTIVITY GOODS. 

10 (a) IN GENERAL.—It is unlawful for any person to 

11 sell, or offer for sale, in interstate commerce, or import 

12 into the United States for the purpose of selling or offer13 ing for sale, any item of equipment intended, designed, 

14 or offered for use by an individual engaged in any athletic 

15 sporting activity, whether professional or amateur, for 

16 which the seller or importer, or any person acting on be17 half of the seller or importer, makes any false or mis18 leading claim with respect to the safety benefits of such 

19 item. 

20 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS21 SION.— 

22 (1) IN GENERAL.—Violation of subsection (a), 

23 or any regulation prescribed under this section, shall 

24 be treated as a violation of a rule under section 18 

25 of the Federal Trade Commission Act (15 U.S.C. 


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1 57a) regarding unfair or deceptive acts or practices. 

2 The Federal Trade Commission shall enforce this 

3 Act in the same manner, by the same means, and 

4 with the same jurisdiction, powers, and duties as 

5 though all applicable terms and provisions of the 

6 Federal Trade Commission Act (15 U.S.C. 41 et 

7 seq.) were incorporated into and made a part of this 

8 Act. 

9 (2) REGULATIONS.—Notwithstanding any other 

10 provision of law, the Commission may promulgate 

11 such regulations as it finds necessary or appropriate 

12 under this Act under section 553 of title 5, United 

13 States Code. 

14 (3) PENALTIES.—Any person who violates sub15 section (a) or any regulation prescribed under that 

16 section, shall be subject to the penalties and entitled 

17 to the privileges and immunities provided in the 

18 Federal Trade Commission Act as though all appli19 cable terms and provisions of the Federal Trade 

20 Commission Act were incorporated in and made part 

21 of this Act. 

22 (4) AUTHORITY PRESERVED.—Nothing in this 

23 section shall be construed to limit the authority of 

24 the Commission under any other provision of law. 


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1 (c) ENFORCEMENT BY STATE ATTORNEYS GEN2 ERAL.— 

3 (1) RIGHT OF ACTION.—Except as provided in 

4 paragraph (5), the attorney general of a State, or 

5 other authorized State officer, alleging a violation of 

6 subsection (a) or any regulation issued under that 

7 section that affects or may affect such State or its 

8 residents may bring an action on behalf of the resi9 dents of the State in any United States district 

10 court for the district in which the defendant is 

11 found, resides, or transacts business, or wherever 

12 venue is proper under section 1391 of title 28, 

13 United States Code, to obtain appropriate injunctive 

14 relief. 

15 (2) INITIATION OF CIVIL ACTION.—A State 

16 shall provide prior written notice to the Federal 

17 Trade Commission of any civil action under para18 graph (1) together with a copy of its complaint, ex19 cept that if it is not feasible for the State to provide 

20 such prior notice, the State shall provide such notice 

21 immediately upon instituting such action. 

22 (3) INTERVENTION BY THE COMMISSION.—The 

23 Commission may intervene in such civil action and 

24 upon intervening— 


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1 (A) be heard on all matters arising in such 

2 civil action; and 

3 (B) file petitions for appeal of a decision in 

4 such civil action. 

5 (4) CONSTRUCTION.—Nothing in this section 

6 shall be construed— 

7 (A) to prevent the attorney general of a 

8 State, or other authorized State officer, from 

9 exercising the powers conferred on the attorney 

10 general, or other authorized State officer, by 

11 the laws of such State; or 

12 (B) to prohibit the attorney general of a 

13 State, or other authorized State officer, from 

14 proceeding in State or Federal court on the 

15 basis of an alleged violation of any civil or 

16 criminal statute of that State. 

17 (5) LIMITATION.—No separate suit shall be 

18 brought under this subsection if, at the time the suit 

19 is brought, the same alleged violation is the subject 

20 of a pending action by the Federal Trade Commis21 sion or the United States under this section. 

Æ 


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