Keeping confidential business information (CBI) secret and protected from disclosure has long been a bedrock principle of the Toxic Substances Control Act (TSCA). TSCA Section 14 provides broad protection for proprietary information about chemicals in commerce and reflects a clear congressional intent to protect sensitive business information from disclosure, thereby fostering competition and rewarding innovation.
Chemical stakeholders have, over the decades, vigorously debated how best to balance the need for CBI protections with the public’s legitimate and increasing insistence that it has a right-to-know about chemicals to which people may be exposed. While Congress amended Section 14 in 2016, its core commitment to preventing disclosure of CBI remains undiminished.
