; and (ii) upon intervening, be heard on all matters arising in such civil action and file petitions for appeal of a decision in such action. (D) Preemptive action by the FTC If the Commission institutes a civil action for violation of this Act, no attorney general of a State may bring a civil action under this paragraph against any defendant named in the complaint of the Commission for violation of this Act that is alleged in such complaint. (d) Rules of construction (1) Substantially similar products For purposes of this Act, two consumer products are substantially similar if there are no substantial differences in the materials used in the product, the intended uses of the product, and the functional design and features of the product. A difference in coloring among any consumer products shall not be construed as a substantial difference for purposes of this paragraph. (2) Substantially similar services For purposes of this Act, two services are substantially similar if there is no substantial difference in the amount of time to provide the services, the difficulty in providing the services, or the cost of providing the services. (e) Definition of consumer product The term consumer product has the meaning given such term in section 3 of the Consumer Product Safety Act ( 15 U.S.C. 2052 ) and includes a device or cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). Such term includes a child restraint system, as such term is defined in section 571.213 of title 49, Code of Federal Regulations.