Company Doe (Ergobaby) coda

As we've recounted, this is the case of the company that tried to litigate in secret and under a pseudonym in challenging the Consumer Product Safety Commission's decision to post a product report on its product safety database, The district court granted the seal and permission to use a pseudonym, and at the same time it ruled in the company's favor on the merits in a significantly redacted opinion. This spring, the Fourth Circuit reversed the seal and pseudonym rulings and held that the First Amendment required that the case be litigated in the open.

This month, on remand from the Fourth Circuit, the district court ordered the record unsealed in its entirety and the case name amended to The ERGO Baby Carrier Inc. v. Tenenbaum. (Tenenbaum was the chair of the CPSC when the case was filed.) You can now read the district court's full unredacted opinion explaining why it held that a report linking a baby carrier to an infant's death was materially inaccurate and that the agency's decision to publish it violated the Administrative Procedure Act.

Leave a Reply

Your email address will not be published. Required fields are marked *