The Commission voted 3-2 to approve the “Guidance” relating to protective orders in private litigation. I generally welcome any additional safety information the agency can get, but I have serious concerns about how this Guidance will be portrayed to courts considering requests for protective orders. I am particularly concerned about our ability to protect any information that comes our way because of it.
Despite my concerns, I was prepared to approve publication of the Guidance as a proposal for public comment. Unfortunately, my colleagues on the other side of the aisle refused to accept that approach. Therefore, I could not vote for adoption of the Guidance.
Although the Commission declined to allow public comment on this Guidance, I am still interested in hearing any thoughts and reactions from our stakeholders. Please provide comments to me by e-mail at Commissioner_Buerkle@CPSC.gov.