Comments to the Consumer Product Safety Commission on “Substantial Product Hazard Reports” Proposed Revision to Interpretive Rule

The CPSC asserts that these changes will clarify the law -- we disagree. We are concerned that this proposal will, in fact, cloud the interpretation of the law, and the obligation to report under 15(b). We are also concerned that these proposed changes will shift the burden of weighing relevant factors in reporting under Section 15(b) of the CPSA (e.g., the obviousness of risk, the adequacy of warnings and instructions, consumer “misuse,” and the forseeability of such misuse) from the CPSC and place it on businesses. In addition, we are concerned about reliance on factors such as the number of defective products remaining in use as well as compliance with product safety standards to determine whether product hazards are reportable). In summary, this proposal is likely to jeopardize the Commission’s ability to receive important product safety information that serves as a critical tool for their consumer protection function.