The CPSC has announced that it will institute a soft launch period, effective January 24, 2011, to test the application and internal operating procedures of the new Reportable Database that is scheduled to go online March 11, 2011.  Although consumers may report product related incidents during the soft launch period, the CPSC states that such reports will not be posted for search and review on the database.  They will be forwarded to manufacturers for comment if they meet the minimum requirements for publication.  Although reports submitted during the soft launch period will not be published, they may be disclosed pursuant to future FOIA requests.

Manufacturers should take advantage of this opportunity to test their own response procedures.  If the company has not already done so, it should immediately register with the CPSC through the business portal.  During the soft launch period, companies should take the opportunity to respond to consumer reports to prevent the future disclosure of inaccurate information and to ensure that information is not disclosed unfairly under the circumstances.

For more information on these issues, please contact John Kuppens, Jay Thompson, or Will Harter.