[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1101.52]

[Page 154-155]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1101--INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER 
PRODUCT SAFETY ACT--Table of Contents
 
                          Subpart F--Retraction
 
Sec.  1101.52  Procedure for retraction.

    (a) Initiative. The Commission may retract information under section 
6(b)(7) on the initiative of the Commission, upon the request of a 
manufacturer, private labeler, distributor, or retailer of a consumer 
product, or upon the request of any other person in accordance with the 
procedures provided in this section.
    (b) Request for retraction. Any manufacturer, private labeler, 
distributor or retailer of a consumer product or any other person may 
request a retraction if he/she believes the Commission or an individual 
member, employee, agent, contractor or representative of the Commission 
has made public disclosure of inaccurate or misleading information, 
which reflects adversely either on the safety of a product with which 
the firm deals or on the practices of the firm. The request must be in 
writing and addressed to the Secretary, CPSC. Washington, D.C. 20207.
    (c) Content of request. A request for retraction must include the 
following information to the extent it is reasonably available:
    (1) The information disclosed for which retraction is requested, the 
date on which the information was disclosed, the manner in which it was 
disclosed, who disclosed it, the type of document (e.g., letter, 
memorandum, news release) and any other relevant information the firm 
has to assist the Commission in identifying the information. A photocopy 
of the disclosure should accompany the request.
    (2) A statement of the specific aspects of the information the firm 
believes are inaccurate or misleading and reflect adversely either on 
the safety of a consumer product with which the firm deals or on the 
firm's practices.
    (3) A statement of the reasons the firm believes the information is 
inaccurate or misleading and reflects adversely either on the safety of 
a consumer product with which the firm deals or on the firm's practices.
    (4) A statement of the action the firm requests the Commission to 
take in publishing a retraction in a manner equivalent to that in which 
disclosure was made.
    (5) Any additional data or information the firm believes is 
relevant.
    (d) Commission action on request. The Commission will act 
expeditiously on any request for retraction within 30 working days 
unless the Commission determines, for good cause, that a longer time 
period is appropriate. If the Commission finds that the Commission or 
any individual member, employee, agent contractor or representative of 
the Commission has made public disclosure of inaccurate or misleading 
information that reflects adversely either on the safety of the firm's 
product or the practices of the firm, the Commission will publish a 
retraction of information in a manner equivalent to that in which the 
disclosure was made. If the Commission finds that fuller disclosure is 
necessary, it will publish a retraction in the manner it determines 
appropriate under the circumstances.
    (e) Notification to requester. The Commission will promptly notify 
the requester in writing of its decision on request for retraction. 
Notification shall

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set forth the reasons for the Commission's decision.