The Consumer Product Safety Commission (CPSC) has proposed new rules concerning its procedures for disclosing recalled product information to the public under Section 6(b) of the Consumer Product Safety Act. The proposed rule would change how the CPSC advises the public about product recalls. For example, the proposed regulation would require the CPSC to provide manufacturers or private labelers with advance notice and the opportunity to comment on information it intends to release to the public.
These proposed rule changes to Section 6(b) of the Consumer Product Safety Act have raised concerns among businesses. Those against the rules changes stated that the proposed rules might erode confidentiality and fairness safeguards which are critical to encouraging companies to report potential safety problems to the CPSC. The CPSC has sought to revise the rule twice since its adoption back in 1983, and the comment period for the proposed changes is 45 days from publication in the Federal Register. The proposed rule changes to Section 6(b) are deemed critical for businesses that manufacture, import, or sell consumer products, and business leaders are urged to share their views on the proposed changes.
The proposed rule changes have also sparked differing views among the Commission’s commissioners, with some commissioners arguing for the repeal of 6(b) to ensure timely warnings about dangerous consumer products. Other commissioners are concerned that the proposed changes will upset the balance between public access and safeguarding confidential business information. The new proposal includes several changes to the interpretation of 6(b) and will impact all consumer product companies. Currently, Section 6(b)(5) provides an exemption to limits on public disclosure should the CPSC issue imminent hazard findings under Section 12 of the Consumer Product Safety Improvement Act, so 6(b) does not serve as a “gag rule” that prevents the CPSC from alerting the public about potentially hazardous products.
Proving Liability in a Product Liability Case
To prove liability in a product liability case, a plaintiff generally must demonstrate the following elements:
- The product was defective: The plaintiff must show that the product had a defect, such as a design defect, manufacturing defect, or warning defect. A design defect happens when a product is inherently dangerous due to a flaw in its design. A manufacturing defect occurs when a product deviates from its intended design during production. A warning defect occurs when a product fails to warn consumers of its potential dangers sufficiently.
- The defect caused the plaintiff’s injuries: The plaintiff must show that the defect in the product caused their injuries. This typically involves establishing a causal connection between the defect and the harm suffered.
- The plaintiff was utilizing the product as it is intended: The plaintiff must show that they were using the product in a manner that was reasonably foreseeable to the manufacturer.
- The product was not substantially modified: The plaintiff must show that the product was not substantially modified from its original condition when it left the manufacturer’s control.
To prove these elements, the plaintiff typically relies on evidence such as product testing, expert testimony, witness statements, and documentation related to the product’s design, manufacturing, and marketing. The plaintiff must also establish the applicable legal standard for liability, which can vary depending on the specific facts of the case and the jurisdiction in which the case is brought.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover compensation for harm caused by dangerous products. If you or a loved one has been injured and you suspect the injury is due to a defective product, Parker Waichman LLP is here to help. Our experienced product liability attorneys are dedicated to helping victims recover compensation for their losses. Call us today at our toll-free number, 1-800-YOURLAWYER (1-800-968-7529), to learn about your legal options.
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