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When Congress enacted the Consumer Product Safety Act in 1976 it included an important provision protecting manufacturers from disclosure of inaccurate information about its products.  Section 6(b) of the Consumer Product Safety Act, 15 U.S.C. § 2055(b), requires the U. S. Consumer Product Safety Commission (“CPSC”) to take reasonable steps to ensure the disclosure of any information about a consumer product which allows the public to identify the manufacturer is “accurate,” “fair in the circumstances” and “reasonably related to effectuating the purposes” of the Consumer Product Safety Act.  Section 6(b) also requires the CPSC to notify a manufacturer before it makes any disclosure (like a response to a request under the Freedom of Information Act) to allow the manufacturer to comment or make objections, and manufacturers frequently take advantage of this protection.

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Timothy L. Mullin, Jr.

Tim Mullin represents manufacturers in product liability cases, particularly those involving fires, burns, electrocutions and electric shocks. He also represents clients before the CPSC in connection with corrective action plans (recalls), civil penalties and reports and investigations under the Consumer Product Safety Act. He is national coordinating counsel for Stanley Black & Decker, Inc. and acts as Maryland and national trial counsel for many other major manufacturers. In addition to his legal career, Tim has been involved in the fire service as a firefighter and fire officer for more than 30 years. Tim co-authors a Products Safety Blog on Miles & Stockbridge's website, http://productsafetyblog.com/.

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