Does the CPSC guarantee that information in the Database is accurate?
No. The CPSC does not have the resources to individually verify every Report and manufacturer comment received. Thus, the
CPSC does not guarantee the accuracy, completeness, or adequacy of the information in the Database, especially in information
submitted by persons outside the CPSC. Language stating that that the CPSC does not guarantee the accuracy, completeness,
or adequacy of information in the Database will appear as a disclaimer throughout the Database and on any documents printed
from the Database (See Business - Accuracy).
If I accidentally name the wrong manufacturer in my Report, will the Report still be posted?
Your Report is likely to be sent to the manufacturer or private labeler named in your Report first. If the manufacturer
or private labeler you have identified does not believe they have been identified correctly, they can submit a claim to
the CPSC that the Report contains materially inaccurate information, and ask the CPSC to correct the information. If the
CPSC determines that the manufacturer has been misidentified, we cannot publish your Report in the Database until 10 business
days after transmission of the Report to the correct manufacturer or private labeler. If you realize after submitting a
Report that you have made a mistake in identifying the manufacturer or discover that you have misidentified any other important
information in the Report, please contact us immediately, in writing, to let us know about the error. Send corrections to:
Consumer Product Safety Commission
Attn: Clearinghouse
4330 East West Highway
Bethesda, MD 20814-4408
What is materially inaccurate information?
Materially inaccurate information is information in a Report or a manufacturer comment that is false or misleading, and
that is so substantial and important as to affect a reasonable consumer's decision making about the product.
If a manufacturer claims that my Report has materially inaccurate information, will it
be removed from the site?
Not necessarily. If a manufacturer makes a claim that a Report contains materially inaccurate information, the CPSC will
review the claim and make a determination whether the manufacturer has met its burden to establish a material inaccuracy
in the Report. If the CPSC determines that information in a Report is materially inaccurate before the Report is posted,
it must resolve the inaccuracy before publishing the Report in the Database. The CPSC will favor correction of information,
and the addition of information to correct a Report over excluding entire Reports from the Database. If correcting a Report
removes any of the minimum required information for publication, the Report cannot be posted in the Database. The corrected
Report, nevertheless, will be maintained by the CPSC.
If a manufacturer submits a claim that a Report contains materially inaccurate information after the Report is published
in the Database, or if the CPSC cannot make a determination before the 10th business day, any information that the CPSC
later determines to be materially inaccurate will be corrected within seven business days of such a determination.
Can I file a claim that a manufacturer comment contains materially inaccurate information?
How?
Yes. Any person can make a claim at any time that information in a Report or a manufacturer comment is materially inaccurate.
(See Business - Accuracy)
To submit a claim to the CPSC that information in the Database is materially inaccurate, members of the general public must
send a claim directed to the Consumer Product Safety Commission by email at clearinghouse@cpsc.gov,
or postal mail:
Consumer Product Safety Commission
Attn: Clearinghouse
4330 East West Highway
Bethesda, MD 20814-4408
The person asserting a claim of materially inaccurate information bears the burden of proof and must:
- State the unique identifier of the Report or manufacturer comment to which the request for a determination of materially
inaccurate information pertains;
- Specifically identify the exact portion(s) of the Report or manufacturer comment 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: exclusion of the entire Report or manufacturer comment, 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 or
manufacturer comment; 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.
Additionally, persons submitting such claim must (a) verify that the information in the claim is true and accurate to the
best of their knowledge, information, and belief; and (b) certify in writing that they intend, in good faith, to assist
the CPSC in the defense of any judicial proceeding that may be brought thereafter to compel the disclosure of information
that the CPSC has determined to be materially inaccurate information.
What action will the CPSC take with regard to a claim that a manufacturer comment contains
materially inaccurate information?
If the CPSC makes a determination, after investigation, that a manufacturer's comment published in the Database contains
materially inaccurate information, CPSC shall notify the person making the claim of its determination, and how CPSC intends
to resolve the inaccuracy. CPSC then has seven business days to take one of the following actions:
- Remove the information determined to be materially inaccurate;
- Correct the materially inaccurate information, and, if the minimum requirements for publication are still met, maintain
the manufacturer comment in the Database; or
- Add information to the manufacturer comment to correct the materially inaccurate information, and, if the minimum requirements
for publication are still met, maintain the manufacturer comment in the Database.
What happens if it is discovered that someone knowingly provides false information on a
Report or a manufacturer comment?
If it is discovered that someone knowingly provides false information on a Report or a manufacturer comment, we will take
action to remove materially inaccurate information from the Database. In addition, we will review the facts of each case,
and where circumstances warrant, will seek legal remedies against those involved. (See
Business - Accuracy)