CPSC Considering Changes to Public Disclosure Rules
On January 14, the Consumer Product Safety Commission (“CPSC” or “Commission”) published proposed changes to the rules that restrict the Commission’s ability to disclose information about a consumer product to the public (either on its own or in response to a Freedom of Information Act request) without first notifying the manufacturer. In the Briefing Package, the CPSC Staff explains that the proposed changes are based on the principles of transparency and efficiency, as well as analysis of past practice and technological changes that have occurred since the rules were first adopted in 1983. The three Commissioners are scheduled to vote on whether to officially propose the changes on February 5.
Section 6(b) of the Consumer Product Safety Act requires that the CPSC give a company at least 15 days’ notice before publishing any information that could identify the company as the manufacturer of a product. The Commission issued rules pursuant to Section 6(b), which list the specific types of information that do and do not require notification and describe the notification process. In the draft rule, the CPSC proposes to:
- Remove the requirement that the Commission provide advance notice if there is a question whether the public could readily identify the manufacturer;
- Remove the requirement that the Commission provide notice if it republishes information previously disclosed, even if requested by the company;
- Permit disclosure of information designated as “attorney work product” or protected by attorney-client privilege; and
- Allow companies to designate that information submitted in response to a 6(b) request be withheld from disclosure.
We will continue to track the proposed rule and keep you apprised of any important developments.