April 21, 2014
Partner Christie Grymes Thompson was quoted in the Law360 article “4th Circ. Chills Challenges To Sham CPSC Database Reports.” The article discusses the recent Fourth Circuit ruling regarding a company’s right to stop the Consumer Product Safety Commission (CPSC) from falsely disparaging its products on the Saferproducts.gov database. The court found that an unnamed company should not have been allowed to litigate its case against the CPSC under a pseudonym and under seal.
The decision is a blow to companies who want to keep misleading Saferproducts.gov reports from being published. As Ms. Thompson explained, “The whole purpose of the appeal process ... is to give companies an opportunity to object to the commission staff’s assessment at the outset. If a lawsuit then discloses the very information that the company was trying to protect, what’s the point?”