Recent Federal Court Decision Guides Companies Challenging Actions by the Consumer Product Safety Commission

On October 22, 2012, the U.S. District Court for the District of Maryland released an opinion enjoining the Consumer Product Safety Commission (CPSC or the Commission) from publicly publishing a report "implicating" a consumer product. Company Doe v. Tenenbaum, No. 8:11-cv-02958-AW, slip op. (D. Md. Oct. 22, 2012). The decision marks the first time a court has prohibited CPSC from posting a report on CPSC's SaferProducts.gov website, a database mandated by Congress in the Consumer Product Safety Improvement Act of 2008 (CPSIA). The decision not only clarifies the standards that CPSC must satisfy in publishing reports on SaferProducts.gov, but also offers guidance for companies that seek to challenge other unfavorable agency actions by CPSC.