Share on FacebookShare on TwitterShare on LinkedInEmail a link to a friend
Monday October 29, 2012

CPSC Says Database Decision Changes Little

Headlines in this week's issue of



CPSC Says Database Decision Changes Little


ASTM Changing-Table Panel Debates F2388


CPSC Considers Section 104 Switch for Bedside Sleepers


Tenenbaum Stresses ‘Collaboration’ at ICPHSO


Nord Decries CPSC’s Regulatory Reform Performance


Northup Praises Cooperation on Testing Costs Vote


Aqua Leisure Agrees to $650,000 Section 15 Settlement


EC Seeks Comments on Risk Assessment


EU Panel Gets GPSD Update


To receive a free, 3-week trial, click here


Publication of a court decision affirming a company’s request to keep its name out of the CPSIA database related to a particular report will not change CPSC’s mandate for to the system, the agency asserted October 24. The statement followed articles in The New York Times, Consumer Reports and The Consumerist blog (now owned by Consumer Reports publisher Consumers Union) of stories about the July decision in Maryland U.S. district court and only recently made public.


The decision called the agency’s actions “arbitrary and capricious” CPSC had sought to publish the report after getting, and agreeing with, medical information submitted by the company to support an assertion that the report was “materially misleading.” The decision is under appeal.


The case was sealed to protect the company pending the outcome (PSL, 10/12/11, p. 1). Consumer Federation of America, Consumers Union and Public Citizen filed a motion to unseal the documents (PSL, 11/7/11, p. 1). Those groups now are among the appellants and are quoted as highly critical of the decision in the media reports. The highly-redacted decision is on The Consumerist’s website: 10/2012-10-22-decision-redacted.pdf.


CPSC’s statement, in full, is:

“With more than 11,000 reports of harm or potential harm publicly posted to date, the consumer database continues to serve as a vital safety tool for use by parents, doctors, emergency responders, and consumers across the country to alert the public to potentially hazardous products.


The decision published yesterday concerning one incident reported to the…database does nothing to change the agency’s statutory mandate and enduring commitment to provide the public with a timely and searchable database containing reports of harm relating to the use of consumer products. Consistent with the decision, the Commission did not post the individual report.


The creation and operation of since March of 2011 fulfills CPSC’s congressional mandate to establish and maintain a publicly available database on the safety of consumer products. We encourage consumers to continue to use the website to file reports of harm or potential harm with consumer products and to search for product incident reports and recall information.”