Negative Product Disclosure and Innovation

65 Pages Posted: 20 Apr 2026

See all articles by Jennifer L. Kao

Jennifer L. Kao

UCLA Anderson

Colleen Cunningham

University of Utah - Department of Entrepreneurship & Strategy

Date Written: April 07, 2026

Abstract

We investigate how negative product disclosure affects subsequent innovation. In 2019, the U.S. Food and Drug Administration (FDA) terminated an adverse event reporting exemption for a subset of medical device product markets and released 6 million previously withheld adverse events. We find that the rate of innovation in affected device markets declined by 17 percent, primarily driven by firms' responses to information about competitors' products rather than by the loss of their own ability to withhold information. The decline was attenuated in markets without close substitutes. Despite the overall reduction in innovation rate, firms introduced more incremental but safer and higher quality devices. Taken together, these findings show how large-scale negative product disclosure reshapes the allocation of innovative effort.

Keywords: Research and Development, Disclosure, Adaptation, Medical Devices, Innovation, Adverse Events, FDA

JEL Classification: O31, D83, L64

Suggested Citation

Kao, Jennifer L. and Cunningham, Colleen, Negative Product Disclosure and Innovation (April 07, 2026). Available at SSRN: https://ssrn.com/abstract=6544298 or http://dx.doi.org/10.2139/ssrn.6544298

Jennifer L. Kao (Contact Author)

UCLA Anderson ( email )

110 Westwood Plaza
Los Angeles, CA 90095
United States

HOME PAGE: http://www.jennifer-kao.com

Colleen Cunningham

University of Utah - Department of Entrepreneurship & Strategy ( email )

1655 East Campus Center Dr.
Salt Lake City, UT 84112
United States

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