Proposed Changes to CPSA Section 6(b) Reduce Protections Currently Available to Manufacturers and Private Labelers

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Section 6(b) of the CPSA establishes procedures for and restrictions on the CPSC’s public disclosure of information. It prohibits the CPSC from disclosing information about a consumer product that identifies a company unless the CPSC has taken ‘‘reasonable steps’’ to ensure the information is accurate, disclosure is fair under the circumstance, and disclosure of the information is ‘‘reasonably related to effectuating the purposes of the CPSA’’ and other laws administered by the CPSC.

Before voting on the notice of proposed rulemaking (NPRM), the three CPSC Commissioners discussed the proposed amendments with CPSC staff and each other, as they did during a previous Jan. 24, 2014, open session. Both meetings made clear that Chairman Adler and Commissioner Robinson support amending 6(b), while Commissioner Buerkle is strongly opposed.

Originally published in Product Safety & Liability Reporter on February 24, 2014.

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Topics:  CPSC, Disclosure Requirements, Manufacturers

Published In: Communications & Media Updates, Consumer Protection Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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