Kaye Fires Broadside at 6(b) in Lumber Liquidators Press Teleconference

CPSC Chairman Elliot Kaye March 25 told an on-phone gathering of reporters from national outlets that 6(b) is an “anti-consumer safety, anti-transparency” requirement. The limitations it imposes were the reason the agency had not spoken about the Lumber Liquidators situation until 24 days after a 60 Minutes report that made allegations about levels of formaldehyde in laminate flooring sold by the retailer (PSL, 3/2/15).

In response to interest in the information-disclosure requirements, Kaye explained the 15- and five-day clocks it sets. He confirmed, however, that he was unaware of any move by Lumber Liquidators to sue to stop CPSC release of information. Indeed, at other points during the press conference, he characterized the retailer as cooperating with the agency’s investigation.

Kaye further asserted that it is “highly frustrating” to be required to withhold or delay release of information that could help consumers or give them clarity about a situation. He contrasted CPSC’s limits with the ability of FDA to speak readily about its investigations. He told the reporters that CPSC is the only health and safety agency so bound.

A week earlier, Kaye had told members of Congress (PSL, 3/23/15) that two proposed rules – on 6(b) and voluntary recalls – were not priorities for him as they do not target direct safety benefits. The proposed 6(b) rule, moreover, could not change the statutory timelines and would focus on other elements such as no longer re-notifying companies of requests for release of previously-cleared information.

As for CPSC activities related to Lumber Liquidators, these are highlights of facts revealed at the press event:

• CPSC for now is focusing on only Chinese-made laminate flooring sold by the retailer. However, Kaye confirmed the agency would be willing to branch out to other sources, other product types, and other retailers if warranted.

   

• Results of the investigation are “months, unfortunately not weeks,” away. Steps involve sample collection, contracting a lab, doing the testing, and comparing data results to existing research on related risk assessments.

   

• CPSC will not be focusing on the California CARB requirements involved in the 60 Minutes piece. Rather, it will seek to replicated real-world, in-home conditions to assess potential acute and chronic health risks.

   

• CPSC is communicating with EPA, FTC, CDC and its Agency for Toxic Substance and Disease Registry, and NIH’s National Institute of Environmental Health Sciences related to the National Toxicology Program.

   

• It is too early to tell if a recall is warranted or if there were any breakdowns in the supply chain. If the latter proves to be true, CPSC would probe deeply to try to isolate the problem, Kaye said.

   

• CPSC received roughly 100 calls expressing concern in the early days after the 60 Minutes broadcast, but interest has dropped off considerably.

At least two Senators have prodded CPSC to investigate. Soon after the 60 Minutes report (PSL, 3/9/15), Sen. Bill Nelson (D-Fla.) called for an interagency effort that replicated the one that targeted Chinese-made drywall and resulted in a 2011 CPSC/HUD remediation guide.

More recently, Sen. Chuck Schumer (D-N.Y.) March 22 voiced worry about formaldehyde in homes rebuilt after Hurricane Sandy. Those rebuilt in areas hit by Hurricane Katrina were prominent among buildings affected by the drywall problem.