Prices will be prohibitive.
Mendelson 14 – Joseph L. Sax Collegiate Professor of Law at the University of Michigan, J.D. from Yale University.
Nina Mendelson, “Private Control over Access to Public Law: The Perplexing Federal Regulatory Use of Private Standards,” Michigan Law Scholarship Repository, 03-01-2014, https://repository.law.umich.edu/articles/887/
Small businesses charged with compliance, however, have continued to complain that the prices charged by SDOs are too high for them to apprise themselves of their obligations.192 And as noted above, SDOs can even make standards effectively unavailable by no longer offering them for sale. The financial and other access barriers present real challenges for even compliance-focused businesses and, indeed, raise constitutional due process concerns.193
Even when standards are available at a price that regulated entities can afford, notice concerns stretch beyond these entities. IBR standards—like all regulatory standards—also tangibly affect the “property and persons” of regulatory beneficiaries. This is certainly true for those who benefit directly from governmental action by receiving payments or vouchers for services from the government.194 Pharmaceutical compendia, for example, concretely affect Medicare coverage for drugs.