consumer
product
safety
gte
sylvania
argued
april
decided
june
section
consumer
product
safety
act
cpsa
requires
least
days
prior
public
disclosure
information
pertaining
consumer
product
obtained
consumer
product
safety
commission
commission
pursuant
authority
commission
must
notify
manufacturer
provide
summary
information
disclosed
product
designated
described
way
permit
public
ascertain
readily
manufacturer
identity
manufacturer
given
reasonable
opportunity
submit
comments
regarding
information
commission
take
reasonable
steps
assure
information
accurate
disclosure
fair
circumstances
reasonably
related
effectuating
purposes
cpsa
instant
case
commission
upon
receiving
freedom
information
act
foia
requests
without
complying
decided
release
certain
accident
reports
obtained
respondent
manufacturers
accompanied
part
claims
confidentiality
district
permanently
enjoined
commission
disclosing
materials
rejecting
contention
applies
commission
affirmatively
undertakes
disclose
information
public
merely
complies
request
information
foia
appeals
affirmed
held
section
governs
disclosure
records
commission
pursuant
request
foia
pp
nothing
language
provision
cpsa
supports
claim
limited
disclosures
initiated
commission
disclosure
pursuant
foia
accurately
characterized
public
disclosure
within
plain
meaning
moreover
contains
specific
exceptions
requirements
include
disclosure
information
response
foia
request
cpsa
designating
certain
reports
public
information
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might
exempted
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foia
thus
within
scope
incorporates
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foia
specifically
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information
subject
limitations
whether
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released
commission
released
pursuant
foia
request
pp
neither
legislative
history
cpsa
prior
enactment
subsequent
legislative
administrative
interpretations
warrant
construing
limited
commission
affirmative
disclosures
pp
applicability
foia
requests
precluded
alleged
ground
commission
unable
comply
foia
time
requirements
handling
disclosure
requests
administrative
appeals
refusals
disclose
argument
assumes
commission
must
comply
foia
time
limitations
exemption
foia
apply
matters
specifically
exempted
disclosure
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statute
requires
matters
withheld
public
manner
leave
discretion
issue
establishes
particular
criteria
withholding
refers
particular
types
matters
withheld
sets
forth
sufficiently
definite
standards
fall
within
scope
exemption
pp
argument
requiring
commission
comply
meeting
foia
requests
impose
insurmountable
burdens
agency
entirely
speculative
moreover
increased
burdens
imposed
commission
intended
congress
striking
appropriate
balance
interests
consumers
need
fairness
accuracy
respect
information
disclosed
commission
thus
claim
undue
burdens
properly
addressed
congress
pp
rehnquist
delivered
opinion
unanimous
peter
buscemi
argued
cause
pro
hac
vice
petitioners
briefs
solicitor
general
mccree
assistant
attorney
general
daniel
deputy
solicitor
general
geller
leonard
schaitman
mark
mutterperl
andrew
krulwich
bernard
segal
argued
cause
respondents
brief
charles
hileman
iii
ira
tiger
deena
jo
schneider
robert
steele
alan
grimaldi
harry
shniderman
james
conaway
januar
bove
stephen
clarkson
charles
crompton
ira
millstein
peter
gartland
david
fleischer
burton
weitzenfeld
michael
stiegel
william
patten
woodruff
turner
richard
lowe
filed
brief
consumer
federation
america
amicus
curiae
urging
reversal
justice
rehnquist
delivered
opinion
question
presented
whether
consumer
product
safety
act
governs
disclosure
records
consumer
product
safety
commission
pursuant
request
freedom
information
act
granted
certiorari
review
judgment
appeals
third
circuit
importance
question
conflict
circuits
congress
enacted
consumer
product
safety
act
cpsa
stat
et
order
inter
alia
protect
public
unreasonable
risks
injury
associated
consumer
products
assist
consumers
evaluating
comparative
safety
consumer
products
cpsa
created
consumer
product
safety
commission
commission
carry
statutory
purposes
commission
powers
include
authority
collect
disseminate
product
safety
information
conduct
research
tests
consumer
products
promulgate
safety
standards
ban
hazardous
products
section
cpsa
stat
regulates
public
disclosure
information
commission
section
deal
requires
commission
least
days
public
disclosure
information
pertaining
consumer
product
notify
manufacturer
provide
summary
information
disclosed
product
designated
described
way
permit
public
ascertain
readily
manufacturer
identity
manufacturer
must
given
reasonable
opportunity
submit
comments
regarding
information
commission
must
take
reasonable
steps
assure
information
accurate
disclosure
fair
circumstances
reasonably
related
effectuating
purposes
cpsa
commission
subsequently
finds
made
public
disclosure
inaccurate
misleading
information
adversely
reflects
manufacturer
products
practices
commission
must
publish
retraction
manner
similar
disclosure
made
relevant
facts
set
forth
case
decided
earlier
term
gte
sylvania
consumers
union
need
restated
detail
briefly
commission
obtained
respondents
various
accident
reports
accompanied
claims
confidentiality
commission
subsequently
decided
receiving
freedom
information
act
foia
requests
consumers
union
public
citizen
health
research
group
requesters
release
even
accident
reports
claimed
confidential
surprisingly
lawsuits
soon
filed
several
federal
district
courts
see
gte
sylvania
consumers
union
supra
district
district
delaware
ultimately
granted
respondents
motion
summary
judgment
permanently
enjoined
commission
disclosing
submitted
accident
reports
well
data
compiled
computer
printout
reports
supp
district
rejected
commission
contention
applies
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affirmatively
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information
public
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complies
request
information
foia
held
applicable
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response
foia
requests
establishes
particular
criteria
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information
thereby
falling
within
scope
exemption
foia
also
found
commission
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comply
procedures
case
thus
concluded
release
accident
reports
contrary
cpsa
appeals
third
circuit
affirmed
thoroughly
examining
language
legislative
history
concluded
congress
intend
provision
apply
commission
press
releases
news
conferences
publication
reports
forms
affirmative
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act
rather
information
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requirements
cpsa
meant
protect
manufacturers
harmful
effects
inaccurate
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public
disclosure
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means
material
obtained
pursuant
broad
powers
policies
designed
served
section
severely
undermined
eviscerated
commission
interpretation
prevail
petitioners
repeat
contention
intended
provide
safeguards
release
information
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makes
public
disclosures
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initiative
carrying
responsibilities
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information
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fashion
argue
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explicitly
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believes
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public
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petitioners
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request
contrast
claim
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obliged
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materials
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need
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made
express
implied
statement
regarding
documents
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extent
documents
reflect
agency
policy
brief
petitioners
although
support
petitioners
interpretation
legislative
history
contained
conference
report
four
years
enactment
section
see
part
iv
infra
agree
appeals
determination
legislative
history
sort
viewed
controlling
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begin
familiar
canon
statutory
construction
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interpreting
statute
language
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absent
clearly
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intention
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must
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pursuant
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cpsa
information
disclosed
public
connection
therewith
emphasis
added
nothing
language
section
provision
cpsa
supports
petitioners
claim
limited
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commission
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common
usage
term
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properly
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including
persons
foia
requesters
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seem
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meaning
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list
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exemptions
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within
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supports
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pursuant
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requests
information
disclosed
initiative
commission
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designates
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injured
parties
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projects
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whether
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request
language
cpsa
thus
provides
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basis
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petitioners
claim
apply
information
released
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response
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requests
iii
petitioners
next
argue
legislative
history
cpsa
requires
conclusion
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foia
requests
despite
language
statute
making
argument
petitioners
concede
history
legislation
directly
address
precise
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construction
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petitioners
nonetheless
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principal
concern
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danger
commission
might
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disseminate
findings
reports
product
information
harmful
manufacturers
without
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assuring
fairness
accuracy
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agree
petitioners
industry
representatives
concerned
harms
resulting
information
affirmatively
disclosed
agency
petitioners
failed
establish
industry
concerns
limited
information
disclosed
fashion
importantly
full
examination
legislative
history
cpsa
prior
enactment
indicates
purposes
distinction
made
information
affirmatively
disclosed
commission
information
released
pursuant
foia
cpsa
gave
commission
broad
powers
gather
analyze
disseminate
vast
amounts
private
information
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commission
authority
congress
adopted
safeguards
specifically
designed
protect
manufacturers
reputations
damage
arising
improper
disclosure
information
gathered
received
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house
report
cpsa
commission
act
responsibly
adequate
basis
must
complete
full
access
information
relevant
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accordingly
committee
built
bill
broad
powers
recognizes
recommended
giving
commission
means
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access
great
deal
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otherwise
available
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much
relates
trade
secrets
sensitive
cost
competitive
information
accordingly
committee
written
section
bill
detailed
requirements
limitations
relating
commission
authority
disclose
information
acquires
conduct
responsibilities
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disseminating
information
identifies
manufacturer
private
labeler
product
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directed
give
manufacturer
private
labeler
days
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labeler
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data
relevant
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consideration
supra
emphasis
added
support
construction
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comments
made
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bill
commenting
disclosure
provisions
administration
bill
representative
moss
chairman
subcommittee
commerce
finance
considering
house
bills
stated
sure
subcommittee
want
examine
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proposed
change
freedom
information
act
hearings
pt
operative
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contained
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manufacturers
comments
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department
health
education
welfare
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drafted
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bill
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protect
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expressly
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illness
injury
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revealing
identity
victim
also
require
provision
thirty
days
notice
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consumer
product
prior
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public
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information
respecting
product
information
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manufacturer
identity
subcommittee
hearings
pt
believe
interest
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right
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petitioners
also
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support
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petitioners
first
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representative
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sponsors
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congressional
oversight
subcommittee
commission
chairman
richard
simpson
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commission
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requests
representative
moss
remarked
primary
author
acts
inclined
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reform
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subcommittee
oversight
investigations
house
committee
interstate
foreign
commerce
vol
iv
pp
petitioners
also
note
congress
added
cpsa
consumer
product
safety
commission
improvements
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conference
committee
explained
joint
operation
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follows
requirement
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section
prior
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agency
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obtained
act
intended
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supersede
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freedom
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former
relates
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agency
latter
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specific
request
member
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information
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emphasis
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representative
moss
claimed
sponsorship
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sponsor
original
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authored
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bill
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restrictive
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requirements
ultimately
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conference
committee
appeals
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authority
support
petitioners
position
section
terms
purport
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solely
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investigation
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commission
agencies
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appeals
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conferees
mentioned
house
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foia
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mentioned
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house
conference
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cong
rec
house
approval
conference
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senate
approval
petitioners
next
argue
interpretation
appeals
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foia
time
requirements
release
information
foia
requires
agency
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within
ten
days
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requester
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also
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petitioners
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third
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footnotes
entirety
nothing
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deemed
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section
title
code
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officers
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shall
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labeler
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product
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product
designated
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readily
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private
labeler
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private
labeler
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regard
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labeler
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products
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manner
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product
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relating
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earlier
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reported
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sylvania
consumers
union
petitioners
argue
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broadly
public
disclosure
discussed
part
iii
infra
legislative
history
indicates
concerns
underlying
limited
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affirmatively
disclosed
commission
exceptions
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include
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information
concerning
imminently
hazardous
product
disclosures
course
administrative
judicial
proceeding
cpsa
section
set
forth
subject
sections
title
notwithstanding
section
title
accident
investigation
report
made
chapter
officer
employee
commission
shall
made
available
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manner
identify
injured
person
person
treating
without
consent
person
identified
reports
research
projects
demonstration
projects
related
activities
shall
public
information
thus
although
petitioners
point
vice
president
general
electric
james
young
cautioned
dangers
information
ssued
dignity
apparent
imprimatur
government
consumer
product
safety
act
hearings
subcommittee
commerce
finance
house
committee
interstate
foreign
commerce
pt
hereinafter
subcommittee
hearings
statements
industry
representatives
expressed
general
concerns
disclosure
commission
information
relating
product
safety
example
bernard
falk
president
national
electrical
manufacturers
association
stated
information
disclosed
inaccurate
misleading
incomplete
prepared
statement
george
lamb
general
counsel
association
home
appliance
manufacturers
voiced
following
concern
authority
collect
disseminate
information
carries
responsibility
disclose
data
may
injure
company
reveal
confidential
information
statute
establishing
agency
state
explicitly
many
federal
statutes
confidential
data
disseminated
statute
also
assure
information
made
public
accurate
derogatory
company
identifies
opportunity
refute
contains
provisions
accomplish
emphasis
added
provisions
cpsa
finally
enacted
traced
sess
bill
introduced
house
behalf
administration
section
bill
also
introduced
senate
contained
information
disclosure
limitations
virtually
identical
ultimately
enacted
cpsa
provided
nothing
contained
act
shall
deemed
require
release
information
described
subsection
section
title
code
otherwise
protected
law
disclosure
public
secretary
shall
make
public
information
obtained
act
disclose
trade
secrets
formulas
processes
costs
methods
business
competitive
information
otherwise
available
general
public
names
means
identification
ill
injured
persons
without
express
written
consent
except
provided
subparagraph
paragraph
less
thirty
days
prior
public
disclosure
information
obtained
act
disclosed
public
connection
therewith
secretary
shall
provide
information
manufacturer
consumer
product
information
pertains
manner
consumer
product
designated
described
information
permit
public
ascertain
readily
identity
manufacturer
shall
provide
manufacturer
reasonable
opportunity
submit
comments
secretary
regard
information
upon
request
manufacturer
secretary
shall
publish
comments
fair
summary
thereof
statement
manufacturer
reasonable
length
lieu
thereof
concurrently
association
disclosure
information
comments
statement
appertain
secretary
shall
take
reasonable
steps
assure
prior
public
disclosure
thereof
information
identity
manufacturer
may
readily
ascertained
accurate
disclosure
fair
circumstances
reasonably
related
effectuating
purposes
act
secretary
finds
administration
act
made
public
disclosure
inaccurate
misleading
information
reflects
adversely
upon
safety
consumer
product
practices
manufacturer
distributor
importer
dealer
consumer
products
shall
manner
similar
disclosure
made
publish
retraction
inaccurate
misleading
information
subparagraph
except
last
sentence
thereof
shall
apply
public
disclosure
information
consumer
product
respect
product
attorney
general
filed
action
action
manufacturer
thereof
respect
product
section
secretary
reasonable
cause
believe
violation
section
ii
information
administrative
judicial
proceeding
act
conference
report
stated
commission
directed
take
steps
assure
publicly
disclosed
information
specific
manufacturers
distributors
identified
accurate
disclosure
fair
circumstances
reasonably
related
carrying
duties
information
required
publicly
disclosed
information
described
section
title
code
relating
information
entitled
protected
public
access
freedom
information
act
otherwise
protected
law
disclosure
public
conclusion
applies
foia
requests
also
supported
statement
representative
james
broyhill
member
conference
committee
cpsa
house
debates
cpsa
representative
broyhill
stated
proposed
legislation
requires
commission
notify
manufacturer
intent
release
information
least
days
prior
disclosure
offer
opportunity
comment
provision
found
safety
legislation
cong
rec
emphasis
added
statement
made
following
observation
administration
bill
contained
restrictive
disclosure
provisions
bill
subcommittee
hearings
pt
section
added
cpsa
prescrib
conditions
commission
may
provide
accident
investigation
reports
federal
agencies
state
local
authorities
engaged
activities
relating
health
safety
consumer
protection
conf
section
stat
provides
commission
may
provide
another
federal
agency
state
local
agency
authority
engaged
activities
relating
health
safety
consumer
protection
copies
accident
investigation
report
made
act
officer
employee
agent
commission
information
section
considered
confidential
included
copy
report
provided
subsection
federal
agency
state
local
agency
authority
receive
subsection
copy
report
provides
assurances
satisfactory
commission
identity
injured
person
person
treated
injured
person
without
consent
person
identified
included
copy
report
information
contained
report
agency
authority
makes
available
member
public
federal
agency
state
local
agency
authority
may
disclose
public
information
contained
report
received
agency
authority
subsection
unless
respect
information
commission
complied
applicable
requirements
section
petitioners
invoke
maxim
subsequent
legislation
declaring
intent
earlier
statute
entitled
great
weight
statutory
construction
red
lion
broadcasting
fcc
omitted
respect
subsequent
legislation
however
congress
proceeded
formally
legislative
process
mere
statement
conference
report
legislation
committee
believes
earlier
statute
meant
obviously
less
weighty
less
formal
types
subsequent
legislative
history
provide
extremely
hazardous
basis
inferring
meaning
congressional
enactment
history
sometimes
considered
relevant
chief
justice
marshall
stated
fisher
cranch
mind
labours
discover
design
legislature
seizes
every
thing
aid
derived
see
andrus
shell
oil
history
bear
strong
indicia
reliability
however
time
passes
memories
fade
person
perception
earlier
intention
may
change
thus
even
otherwise
useful
subsequent
legislative
history
rarely
override
reasonable
interpretation
statute
gleaned
language
legislative
history
prior
enactment
section
sess
provided
commission
finds
publication
information
obtained
public
interest
give
unfair
competitive
advantage
person
authorized
publish
information
form
manner
deemed
best
adapted
public
use
except
data
information
relates
trade
secret
shall
held
confidential
shall
disclosed
unless
commission
determines
necessary
carry
purposes
act
subcommittee
hearings
pt
addition
chairman
simpson
submitted
oversight
subcommittee
proposed
amendment
added
release
information
commission
foia
list
exceptions
requirements
regulatory
reform
hearings
subcommittee
oversight
investigations
house
committee
interstate
foreign
commerce
vol
iv
proposed
amendment
never
reported
committee
petitioners
also
assert
agencies
receive
accident
investigation
reports
commission
comply
foia
requests
made
information
reports
thus
inconsistency
statutory
scheme
commission
required
comply
releasing
information
although
agencies
may
required
comply
inconsistency
nonetheless
readily
apparent
federal
agency
state
local
agency
authority
may
disclose
public
information
contained
report
received
agency
authority
subsection
unless
respect
information
commission
complied
applicable
requirements
section
event
need
address
scope
commission
reach
present
interpretation
statute
met
executive
session
october
supp
six
months
decided
release
information
involved
case
two
months
manufacturers
motions
preliminary
injunction
fully
briefed
argued
district
october
two
days
commission
filed
brief
opposing
manufacturers
motions
summary
judgment
app
two
years
district
concluded
commission
must
comply
responding
foia
requests
commission
proposed
rules
published
see
fed
reg
thus
arguable
commission
interpretation
primarily
litigation
inspired
cf
davies
warehouse
bowles
exemption
amended
government
sunshine
act
pub
stat
amendment
define
statutes
specifically
exempt
material
disclosure
conference
report
sunshine
act
amendment
designed
overrule
decision
administrator
faa
robertson
dealt
section
federal
aviation
act
conf
robertson
held
vested
broad
discretion
federal
aviation
administration
withhold
information
public
fell
within
scope
exemption
amendment
designed
eliminate
exemption
statutes
granted
administrative
agencies
discretion
respect
disclosure
nondisclosure
material
within
possession
stated
report
house
committee
government
operations
sunshine
act
recommended
amendment
believing
decision
misconceives
intent
exemption
committee
recommends
exemption
amended
exempt
material
required
withheld
public
statute
establishing
particular
criteria
referring
particular
types
information
committee
opinion
change
eliminate
gap
created
freedom
information
act
robertson
case
without
way
endangering
statutes
atomic
energy
act
provides
explicitly
protection
certain
nuclear
data
amendment
provision
federal
aviation
act
subject
robertson
affords
faa
administrator
cart
blanche
sic
withhold
information
pleases
come
within
exemption
pt
statute
robertson
contrast
provided
person
may
make
written
objection
public
disclosure
information
contained
application
report
document
filed
pursuant
provisions
act
information
obtained
board
administrator
pursuant
provisions
act
stating
grounds
objection
whenever
objection
made
board
administrator
shall
order
information
withheld
public
disclosure
judgment
disclosure
information
adversely
affect
interests
person
required
interest
public
board
administrator
shall
responsible
classified
information
accordance
appropriate
law
provided
nothing
section
shall
authorize
withholding
information
board
administrator
duly
authorized
committees
congress
stat
addition
congress
enacted
cpsa
foia
required
agency
make
records
promptly
available
person
requesting
pub
stat
congress
amended
foia
time
requirements
petitioners
argue
conflict
adopted
pub
stat
amended
since
requirements
also
provide
sound
basis
inferring
congressional
intent
limit
application
disclosures
initiated
commission