16 CFR 1116.6 - Contents of section 37 reports.

§ 1116.6 Contents of section 37 reports.
(a) Required information. With respect to each of the civil actions that is the subject of a report under section 37, the report must contain the following information:
(1) The name and address of the manufacturer of the product that was the subject of each civil action;
(2) The model and model number or designation of the consumer product subject to each action;
(3) A statement as to whether the civil action alleged death or grievous bodily injury, and, in the case of an allegation of grievous bodily injury, a statement of the category of such injury;
(4) A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff; and
(5) In the case of a judgment in favor of the plaintiff, the name of the civil action, the number assigned to the civil action, and the court in which the civil action was filed.
(b) Optional information. A manufacturer furnishing a report may include:
(1) A statement as to whether any judgment in favor of the plaintiff is under appeal or is expected to be appealed (section 15 U.S.C. 2084(c)(2)(A));
(2) Any other information that the manufacturer chooses to provide (15 U.S.C. 2084(c)(2)(B)), including the dates on which final orders were entered in the reported lawsuits, and, where appropriate, an explanation why the manufacturer has not previously filed a report under section 15(b) of the CPSA covering the same particular product model that is the subject of the section 37 report; and
(3) A specific denial that the information it submits reasonably supports the conclusion that its consumer product caused a death or grievous bodily injury.
(c) Statement of amount not required. A manufacturer submitting a section 37 report is not required by section 37 or any other provision of the Consumer Product Safety Act to provide a statement of any amount paid in final settlement of any civil action that is the subject of the report.
(d) Admission of liability not required. A manufacturer reporting to the Commission under section 37 need not admit that the information it reports supports the conclusion that its consumer product caused a death or grievous bodily injury.

Title 16 published on 2014-01-01

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