Injury and Accident Law

Confidentiality of Reports Under Section 37 of the CPSA

Section 6(e) of the CPSA, 15 U.S.C. § 2055(e), protects from disclosure certain information submitted to the Commission by a manufacturer pursuant to section 37 of the CPSA, 15 U.S.C. § 2084. See Chapter 5 of this Handbook for information on the Section 37 reporting requirement.

Section 6(e)(1) provides that information furnished under sections 37(c)(1) and (c)(2)(A) may not be publicly disclosed, 15 U.S.C. §§ 2084 (c)(1) and (c)(2)(A). Section 6(e)(2), 15 U.S.C. § 2055(e)(2), provides that any report submitted pursuant to section 37(c)(1) or (c)(2)(a) shall be immune from legal process and shall not be subject to subpoena or other discovery in any civil action in a State or Federal court or in any administrative proceeding, except in an action against such manufacturer under section 20, 21, or 22 of the CPSA, 15 U.S.C. §§ 2069, 2070, 2071,for failure to furnish information required by section 37.