Skip to main content

Table of Contents

Frequently Asked Questions

Business >> Confidentiality & Accuracy

What is confidential information?

"Confidential information" means information that contains or relates to a trade secret or other matter referred to in 18 U.S.C. 1905 or that is subject to 5 U.S.C. 552(b)(4). Only the Manufacturer named in a Report can submit a claim asserting that a Report contains confidential information.

What is the process for filing a claim that a Report contains confidential information?

Firms should submit a claim that a Report contains confidential information through the Business Portal on SaferProducts.gov. They can also choose to submit claims of confidential information through electronic mail to: clearinghouse@cpsc.gov, or through U.S. mail to:

Consumer Product Safety Commission
Attn: Clearinghouse
4330 East West Highway
Bethesda, MD 20814-4408

CPSC's regulation at 16 C.F.R. ยง1102.24 states that each Manufacturer seeking such a designation of confidential information bears the burden of proof and must:

  • Specifically identify the exact portion(s) of the report of harm claimed to be confidential;
  • State whether the information claimed to be confidential has ever been released in any manner to a person who was not an employee or in a confidential relationship with the company;
  • State whether the information so specified is commonly known within the industry or is readily ascertainable by outside persons with a minimum of time and effort;
  • If known, state the company's relationship with the victim and/or submitter of the report of harm and how the victim and/or submitter of the report of harm came to be in possession of such allegedly confidential information;
  • State how the release of the information would be likely to cause substantial harm to the company's competitive position; and
  • State whether the person submitting the request for treatment as confidential information is authorized to make claims of confidentiality on behalf of the person or organization concerned.

Every Manufacturer making a confidential information claim must also: (a) verify that the information in the claim is true and accurate to the best of the Manufacturer's knowledge, information, and belief; and (b) certify in writing that the Manufacturer intends, in good faith, to assist the Commission in the defense of any judicial proceeding that may be brought thereafter to compel the disclosure of information that the Commission has determined to be a trade secret or privileged or confidential commercial or financial information.

Although you can file a claim of confidential information at any time, you should submit your claim to CPSC as soon as possible after receiving the Report to prevent publication of the information in SaferProducts.gov.

If you want a claim of confidential information determined before a Report is published in SaferProducts.gov, you MUST submit your claim as soon as possible after receiving the Report, so that CPSC has time to make a determination. If timely submitted, information claimed to be confidential will be redacted from Reports until a determination can be made.

Filing a claim that a Report contains confidential information will not prevent the entire Report from being published in SaferProducts.gov on the 10th business day following transmission of the Report to the Manufacturer. However, if a request for confidential treatment is submitted in a timely fashion, the CPSC will either make a determination on the claim prior to posting the Report or, as a matter of policy, redact the portions of the Report claimed to be confidential before publishing it in SaferProducts.gov, until a determination can be made.

The CPSC will review all claims that a Report contains confidential information. If the CPSC determines that designated information is confidential business or trade secret information, the CPSC is required to notify the Manufacturer and redact the designated information from the Report before placing it into SaferProducts.gov. If a Report has already been placed in SaferProducts.gov with the claimed confidential information redacted, it will remain redacted.

If the CPSC determines that the designated information is not confidential, it must notify the Manufacturer and include the designated information in SaferProducts.gov. If the Manufacturer disagrees with the CPSC's determination on its claim, it may bring an action in U.S. District Court to seek removal of the information from SaferProducts.gov.

What is materially inaccurate information?

Materially inaccurate information is information that is false or misleading, and is so substantial and important as to affect a reasonable consumer's decision making about the product.

What is the process for filing a claim that a Report contains materially inaccurate information?

Anyone may submit a claim that a Report contains materially inaccurate information. Manufacturers should submit claims that a Report contains materially inaccurate information through the Business Portal on SaferProducts.gov. They may also choose to submit claims of confidential information through electronic mail to clearinghouse@cpsc.gov, or through U.S. mail to:

Consumer Product Safety Commission
Attn: Clearinghouse
4330 East West Highway
Bethesda, MD 20814-4408

Someone submitting a claim that information in a Report is materially inaccurate bears the burden of proof and must:

  • State the unique identifier of the Report to which the request for a determination of materially inaccurate information pertains;
  • Specifically identify the exact portion(s) of the Report claimed to be materially inaccurate;
  • State the basis for the allegation that such information is materially inaccurate;
  • Provide evidence, which may include documents, statements, electronic mail, Internet links, photographs, or any other evidence, sufficient for the CPSC to make a determination that the designated information is materially inaccurate;
  • State what relief the requester is seeking: e.g., exclusion of the entire Report; redaction of specific information; correction of specific information; or the addition of information to correct the material inaccuracy;
  • State whether and how an alleged material inaccuracy may be corrected without removing or excluding an entire Report; and
  • State whether the person submitting the allegation of material inaccuracy is authorized to make claims of material inaccuracy on behalf of the person or organization concerned.

Every person making a claim that a Report contains materially inaccurate information must also: (a) verify that the information in the claim is true and accurate to the best of the person or firm's knowledge, information, and belief; and (b) certify, in writing, that the they intend, in good faith, to assist the Commission in the defense of any judicial proceeding that may be brought thereafter to compel the disclosure of information that the Commission has determined to be materially inaccurate information.

Material inaccuracy claims can be filed at any time before or after a Report is posted in SaferProducts.gov. However, if a Manufacturer wants the CPSC to try to make a determination on a claim of material inaccuracy before a Report is published, it should submit its claim as soon as possible after receiving the Report. The claim must be sent to the CPSC promptly, with sufficient time for the CPSC to review the claim, and make a determination on the claim, within the 10-business-day deadline before a Report is published in SaferProducts.gov.

The CPSC cannot withhold publishing a Report beyond the 10-business-day deadline, unless a determination has been made that the Report contains materially inaccurate information. In that circumstance, the CPSC may briefly withhold the Report to resolve the inaccuracy.

The CPSC will review every claim that a Report contains materially inaccurate information, and we will make every effort to determine on timely received claims before a Report is published in SaferProducts.gov. However, the CPSC cannot guarantee that a determination will be made before a Report is published, regardless of when the claim is made.

If the CPSC determines that a Report contains materially inaccurate information before a Report is published in SaferProducts.gov, the CPSC shall notify the person making such claim and take one of the following actions:

  • Decline to add the materially inaccurate information to SaferProducts.gov;
  • Correct the materially inaccurate information; and, if the minimum requirements for publication are still met, publish the Report in SaferProducts.gov; or
  • Add information to the Report to correct the materially inaccurate information; and, if the minimum requirements for publication are still met, publish the Report in SaferProducts.gov.

How will the CPSC ensure that the submitter of a Report identifies the correct Manufacturer?

The CPSC requests much information on a Report form that assists the agency, other consumers, and the Manufacturer to identify the product and the correct Manufacturer. The Report form requests, but does not require, each submitter to provide as many details about the product as possible. The Report form also allows submitters the opportunity to upload a picture of the product. Also, the Report form asks for the name of the Manufacturer, as well as the brand name of the product. Finally, the Report form requests the submitter to keep the product in their possession for 30 days, if possible, which allows the CPSC to follow up with the submitter where necessary.

What happens if it is discovered that someone knowingly provides false information on a Report or manufacturer comment?

If it is discovered that someone knowingly provided false information in a Report, or in a manufacturer comment, we will take action to remove materially inaccurate information from SaferProducts.gov. In addition, we will review the facts of each case, and where circumstances warrant, we will seek legal remedies against those involved.

Still have questions?

You can use the Online Contact Form or call (301) 504-7945 contact the Small Business Ombudsman for business-related questions.

For questions about submitting a Section 15 report, please email section15@cpsc.gov

For issues with SaferProducts.gov registration, please email clearinghouse@cpsc.gov