Although most consumers believe that they will be fully informed any time there is a danger associated with a product, this is not the case in the United States. Under section 6(b) of the Consumer Product Safety Act, the Consumer Product Safety Commission (CPSC) cannot publicize information about the dangers of a product without permission from the company that manufactures the product. This results in serious delays in the spread of information about a dangerous product and can lead to deaths and injuries. It protects large companies and allows them to withhold information about dangers while consumers continue to use products.
An example of this delay can be seen in the recent recall of the Fisher-Price Rock n’ Play. The use of the product led to over thirty infant deaths. Although CPSC was aware of the dangers of the product, the commission was unable to say anything until they could convince Fisher-Price to release the information. This means that consumers continued to use a dangerous product unknowingly.
New Legislation
In January of 2020, U.S. Representative Bobby Rush from Illinois introduced legislation that would effectively lift this gag order on the CPSC. The Safety Hazard and Recall Efficiency Information Act (SHARE), if enacted, would modify section 6(b) of the Consumer Product Safety Act. Under the SHARE Information Act, section 6(b) would no longer restrain the CPSC’s ability to protect the public. It would remove obstacles that prevent the CPSC from disclosing information about hazardous products that affect consumer safety. The Act would also increase penalties for companies that fail to follow consumer protection regulations and continue to sell harmful products.
The SHARE Information Act is necessary to ensure the safety of American consumers. Life-saving information about the dangers of some consumer products must be effectively communicated to the public in order to avoid widespread injuries. Companies should not be able to muzzle the CPSC and prevent this information from being released.
Contact an Experienced Product Liability Attorney
If you or someone you love has been injured by a defective product, you should have an experienced product liability attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping the victims of defective products. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.