As the 6(b) Turns

The U.S. Consumer Product Safety Commission has voted to publish a Notice of Proposed Rulemaking removing the “unnecessary and unjustifiable,” in the words of Acting Commission Chairman Robert Adler, re-notification procedure which forces the commission to seek the manufacturer’s blessing every time it releases the same information about a product to a different source.

The rule is designed to rid the commission of situations in which, for example, two reporters working on the same story query the commission about a product a week apart. The commission staff dutifully sets off on the ten-day path, through the manufacturer, before it can deliver an answer to the first reporter. A week later, the commission is required to take all of the same steps – even though the manufacturer has already vetted it for inaccuracies – to give the second reporter the same information.

“This is not in keeping with the acting chairman’s aim for the CPSC to be more transparent while following the law,” says commission spokesman Scott Wolfson. “The onus is still on the agency to ensure fairness and accuracy, that principle does not go away. But this rule change would ensure more efficiency and we’ll be able to serve the public faster.”

In the Information Age, consumer product manufacturers have been unusually successful at keeping the public information regulations surrounding product defect positively medieval. While consumers have myriad Internet resources to find out if a particular product is any good, when it comes to finding out if it is safe, consumers are still at a disadvantage. Section 6(b) of the Consumer Product Safety Act – beloved by industry, reviled by consumer advocates -- gives manufacturers a lot of control over what negative information the CPSC can disclose about them. The CPSC cannot release information that might be considered trade secrets or “misleading” and “inaccurate” information.  The CPSC can disclose the existence of an investigation, under procedures designed to ensure the accuracy of whatever information is made public. The CPSC gives manufacturers 10 days to review any statements about their products and typically the two entities release agreed-upon language.

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