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Practice Tip: Flawed CPSC Product Hazard Database
A divided Consumer Product Safety Commission (CPSC) approved a final rule in December that will initiate a new online public database of reports of injury or risks of harm from consumer products. See Publicly Available Consumer Product Safety Information Database, 75 Fed. Reg. 76,832 (Dec. 9, 2010). As designed, this tool may unnecessarily alarm both consumers who rely on the CPSC to provide accurate information, and manufacturers whose reputations will be tarnished by rumors, unfounded allegations, and outright fabrications. Mandated by Congress's enactment of the Consumer Product Safety Improvement Act of 2008 (“CPSIA”), the database was scheduled to go live at www.safeproducts.gov on March 11, 2011.
It is important that manufacturers and product sellers familiarize themselves with the database and develop a quick-response system to address submitted reports. Ultimately, the 112th Congress should enact legislation to correct flaws in the CPSC's final rule and incorporate needed safeguards. Such an amendment might be included in legislation addressing other problematic aspects of the CPSIA, particularly where excessive, rigid regulatory requirements do not improve product safety, but force some responsible businesses out of the market.
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