U.S. Consumer Product Safety Commission

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U.S. Consumer Product Safety Commission
Consumer Product Safety Commission’s seal
Agency overview
FormedOctober 24, 1972; 52 years ago (1972-10-24)
HeadquartersBethesda, Maryland, U.S.
Employees500[1]
Agency executive
Websitewww.cpsc.gov

The United States Consumer Product Safety Commission (USCPSC, CPSC, or commission) is an

independent agency of the United States government. The CPSC seeks to promote the safety of consumer products by addressing "unreasonable risks" of injury (through coordinating recalls, evaluating products that are the subject of consumer complaints or industry reports, etc.); developing uniform safety standards (some mandatory, some through a voluntary standards process); and conducting research into product-related illness and injury.[2]

The agency was created by section 4 of the Consumer Product Safety Act in 1972.[3] The agency reports to Congress and the President; it is not part of any other department or agency in the federal government.[3] The CPSC has five commissioners, who are nominated by the president and confirmed by the Senate for staggered seven-year terms.[3] Historically, the commission was often run by three commissioners or fewer.[4] Since 2009, however, the agency has generally been led by five commissioners, one of whom serves as chairman. The commissioners set policy for the CPSC. The CPSC is headquartered in Bethesda, Maryland.[1]

Activities

All-terrain vehicle safety poster

The CPSC regulates the manufacture and sale of more than 15,000 different consumer products, from

Bureau of Alcohol, Tobacco, Firearms, and Explosives, and drugs are regulated by the Food and Drug Administration
.

The CPSC fulfills its mission by banning dangerous consumer products, establishing safety requirements for other consumer products, issuing recalls of products already on the market, and researching potential hazards associated with consumer products.[5]

In part due to its small size, the CPSC attempts to coordinate with outside parties—including companies and consumer advocates—to leverage resources and expertise to achieve outcomes that advance consumer safety.[6]

Recalls

The aspect of CPSC’s work that most U.S. citizens might recognize is the “recall,” formally a “corrective action” in which a company develops a “a comprehensive plan that reaches throughout the entire distribution chain to consumers who have the product” and addresses a potential or alleged failure of a product.[7] Recalls are nearly always voluntary.[8] While many recalls involve consumers returning consumer products to the manufacturer for a replacement or, more rarely, a refund, recalls have also involved tasks such as instructing users on how to clean an item[9] or publishing a software patch.[10] Most recalls recover very few consumer products, for a variety of hypothesized reasons. Industry and consumer advocates are often at odds over whether recalls need to be more effective, as many consumers may simply discard products that are the subject of recalls. Whether a consumer learns of a recall in the first place is a different question. One commissioner has called for companies to spend as much on recall advertising as the companies do on their advertising of the products before recalls.[11]

Rulemaking and enforcement

The CPSC makes rules about consumer products when it identifies a consumer product hazard that is not already addressed by an industry

voluntary consensus standard, or when Congress directs it to do so. Its rules can specify basic design requirements, or they can amount to product bans, as in the case of small high-powered magnets, which the CPSC attempted to ban.[12] For certain infant products, the CPSC regulates even when voluntary standards exist.[13] The CPSC is required to follow a rigorous, scientific process to develop mandatory rules. Failing to do so can justify the revocation of a rule, as was the case in a Tenth Circuit decision vacating the CPSC’s ban on small high-powered magnets.[14]

Since February 2015, the average civil penalty has been $2.9 million.

off-road vehicles.[16]

Information gathering and sharing

ERs
and can be used to generate national estimates.

The agency also works with and shares information with other governments, both in the U.S. (with states and public health agencies) and with international counterparts.[17]

The CPSC works on a variety of publicity campaigns to raise awareness of safety. For example, the CPSC annually blows up

stock images put together.[20][21] On September 20, 2023, the CPSC released an album containing PSA songs in various styles.[22]

In connection with the U.S. swimming season (the northern hemisphere’s summer, roughly May to September), the CPSC conducts the “Pool Safely” campaign to prevent drowning through methods such as building fences and supporting education programs.[23][24] Other efforts include attempts to prevent suction entrapment, which can kill by trapping a swimmer underwater, by eviscerating a swimmer’s internal organs (when a suction tube lacks a cover), or otherwise.[25] The CPSC has authorities under the Virginia Graeme Baker Pool and Spa Safety Act.

Budget and staff

In 1972 when the agency was created, it had a budget of $34.7 million and 786 staff members. By 2008 it had 401 employees on a budget of $43 million. After the

Consumer Product Safety Improvement Act was passed in the same year that increased significantly, with at least 500 full-time employees with a budget of $136.4 million in ~2014.[26] Funding dropped to $127 million as of the commission’s fiscal year 2019 appropriation,[27] and it continues to have slightly more than 500 employees.[28]

History

Old logo (1972–2018)

The agency was created by section 4 of the Consumer Product Safety Act in 1972.[3]

The CPSC’s creation was not without controversy, and the agency survived attempts to close it in its first decades. In 1981, President Ronald

head of the Office of Management & Budget, David Stockman, sought to end the authorization for the agency to move it inside the Department of Commerce.[29] The agency was given a new lease on life following agreement among U.S. senators.[30]

On November 2, 2007, The Washington Post reported that between 2002 and the date of their report, former chairman Hal Stratton and current commissioner and former acting chairman Nancy Nord had taken more than 30 trips paid for by manufacturing groups or lobbyists representing industries that are under the supervision of the agency. According to the Post, the groups paid for over $60,000 travel and related expenses during this time.[31]

Mid-2000s reform following the “Year of the Recall”

Main articles:
Consumer Product Safety Improvement Act

The year 2007 was called the “Year of the Recall” by some CPSC-watchers in the United States. The CPSC worked with manufacturers and importers on a record 473 voluntary recalls that year,[26] and other U.S. federal agencies promoted other widely noted recalls. CPSC recalls included many incidents with lead in toys and other children’s products.

These issues led to the legislative interest in the reform of the agency, and the final result of these efforts was the passage of the

phthalates in children’s toys and child care articles, and required mandatory testing and certification of applicable products. The Danny Keysar Child Product Notification Act required the CPSC to create a public database of recalled products and to provide consumers with a postage-paid postcard for each durable infant or toddler product. This act was named after Danny Keysar, who died in a recalled crib.[26] Danny’s parents, Linda E. Ginzel and Boaz Keysar, founded Kids In Danger
and were instrumental in working with the CPSC to strengthen product safety standards.

The

public database (saferproducts.gov), constructed at a cost of around US$3 million and launched in March 2011, “publicizes complaints from virtually anyone who can provide details about a safety problem connected with any of the 15,000 kinds of consumer goods regulated by the CPSC.”[32] While lauded by consumer advocates for making previously hidden information available, manufacturers have expressed their concern “that most of the complaints are not first vetted by the CPSC before they are made public,” meaning it could be abused and potentially used to target specific brands.[32] As of mid-April 2011, the database was accruing about 30 safety complaints per day.[32] By June 2018, the database had 36,544 reports, with an average of approximately 13.74 reports filed each day.[33]

Later history

In 2012, following reports of consumers (mostly children) ingesting

neodymium magnet toys, small, high-powered magnets made of rare earth materials such as neodymium, the commission voted to block sales of Maxfield & Oberton’s Buckyballs-branded toys,[34] and later voted to issue a rule that would amount to a ban on all similar toys.[35][36] Later, however, a federal appellate court overturned the ban, finding that the Commission had moved forward without adequate data.[37] The decision vacating the ban was written by later-Supreme Court Justice Neil Gorsuch
.

The CPSC sued the maker of Britax jogging strollers, then settled with the company, in 2018.[38] Reports attributed the change to the change in personnel after Republicans gained a majority on the commission,[39] although some commentators noted the unusual circumstances of the commission suing over a product that met existing standards.[40] The 2018 settlement included the company’s agreement to provide a replacement part to consumers. The replacement part—a bolt—itself was later recalled[41] because it broke easily.[42]

In 2019, the CPSC recalled inclined sleepers sold by multiple companies (including Mattel Fisher-Price’s Rock ’n Play[43] as well as Kids II’s[44] and Dorel’s rocking sleepers sold under a variety of brand names). The recalled products were associated with more than 30 infant deaths according to contemporary news reports.[45] The controversy was among those that were tied to Acting Chairman Ann Marie Burekle’s announcement of her intention to step down after waiting for years for the U.S. Senate to act on her nomination to serve an additional term and be formally elevated to full chairmanship.[46]

Second Trump Administration

On May 9, 2025, President Donald Trump dismissed three Democratic CPSC commissioners—Richard Trumka Jr., Mary T. Boyle, and Alexander Hoehn-Saric—via email. The firings followed an internal dispute over the Department of Government Efficiency (DOGE), which the Democratic commissioners opposed due to concerns about agency independence. Acting Chairman Peter Feldman allowed DOGE personnel into CPSC operations, aligning with the administration’s push for federal streamlining. The Democratic commissioners publicly resisted this move, leading to heightened tensions within the agency.[47]

The dismissals left only two commissioners, both Republicans, effectively ending the bipartisan balance required for the agency’s decision-making. The Consumer Product Safety Act stipulates that CPSC commissioners can only be removed for neglect of duty or malfeasance in office, raising legal concerns about the legitimacy of the firings.[48] Trumka Jr. responded to the dismissal with the statement, "I’ll see him in court," signaling a legal challenge to the move.[49]

Critics argued that Trump’s removals violated the Consumer Product Safety Act, which does not allow commissioners to be fired for policy disagreements. Legal scholars pointed to Humphrey’s Executor v. United States (1935) as precedent for restricting presidential authority over independent agencies like the CPSC. The firings prompted lawsuits alleging unlawful political interference, with plaintiffs seeking reinstatement under statutory protections for independent regulatory bodies.[50]

Without the dismissed commissioners, Feldman and Douglas Dziak operated the agency under a two-member quorum, which federal law allows for six months before requiring additional appointments.[48] Lawmakers and consumer advocacy groups warned that regulatory decisions could be compromised if new commissioners were not confirmed before November 9, 2025. The controversy fueled calls for Congressional oversight into the administration’s influence over independent agencies.[51]

The CPSC was established as a bipartisan commission, with federal statutes requiring that no more than three commissioners be from the same political party at any given time. This framework was designed to ensure balanced decision-making and prevent any single party from exerting excessive influence over consumer protection policies. President Trump's firing of the three Democratic Commissioners is not aligned with that federal statue.[52]

Leadership

The commissioners of the CPSC are appointed by the U.S. president and with the consent of the U.S. Senate. As with some other U.S. federal independent agencies, commissioners are selected as members of political parties. Although the president is entitled by statute to select the chairman (with the consent of the Senate),[53] no more than three commissioners may belong to the same party.[54] Thus, the president is generally expected to consult with members of the opposite party in the Senate to select members of the commission from the opposite party. The commissioners (including the chairman) vote on selecting the vice chairman, who becomes acting chairman if the chairman’s term ends upon resignation or expiration.[55]

Chairmen

Acting Chairman Peter Feldman

The commission is led by acting Chairman Peter Feldman, a Republican, who assumed office after former chair Alexander Hoehn-Saric resigned in January 2025.[56] Prior to Hoehn-Saric's 2021 confirmation, the commission had not had a Senate-confirmed chairman since 2017, when Elliot F. Kaye stepped down as chair following a White House request after Donald Trump’s inauguration.[57] In March 2020, President Trump nominated Nancy Beck, an official at the U.S. Environmental Protection Agency who previously worked for an association representing the U.S. chemical industry,[58] to chair the commission, but it was not acted on by the Senate.[59]

Chairmen since 1973
Name Tenure Position (acting or full)
Richard O. Simpson 14 May 1973– 1 June 1976 Full
S. John Byington 2 June 1976– 30 June 1978 Full
Susan B. King 6 March 1978– 31 January 1981 Full
Stuart M. Statler 1 February 1981 – 31 May 1981 Acting
R. David Pittle 1 June 1981 – 3 August 1981 Acting
Nancy Harvey Steorts 4 August 1981 – 30 December 1984 Full
Terrence Scanlon 31 December 1984 – 20 December 1985 Full (recess appointment)
Carol G. Dawson 21 December 1985 – 31 May 1986 Acting
Anne Graham 1 June 1986 – 16 July 1986 Acting
Terrence Scanlon 17 July 1986 – 3 January 1989 Full
Anne Graham 4 January 1989 – 26 November 1989 Acting
Jacqueline Jones-Smith 27 November 1989 – 9 March 1994 Full
Ann Brown 10 March 1994 – 1 November 2001 Full
Thomas Hill Moore 2 November 2001 – 1 August 2002 Acting
Hal Stratton 2 August 2002 – 15 July 2006 Full
Nancy Nord 2006–2009 Acting
Thomas Hill Moore 2009 Acting
Inez Tenenbaum 2009–2013 Full
Robert S. Adler 2013–2014 Acting
Elliot F. Kaye 2014–2017 Full
Ann Marie Buerkle 2017–2019 Acting
Robert S. Adler 2019–2021 Acting
Alexander Hoehn-Saric 2021–2025 Full
Peter Feldman 2025– Acting

Current commissioners

Photo of the five members of the CPSC at CPSC headquarters in Bethesda, Maryland
Members of the U.S. Consumer Product Safety Commission in 2022: (Left to right) Peter Feldman, Dana Baiocco, Alexander Hoehn-Saric, Richard Trumka Jr., and Mary Boyle

The current CPSC members as of May 9, 2025:[60]

Name Party Took office Term expires
Peter Feldman (Acting Chair) Republican October 5, 2018 October 27, 2026
Douglas Dziak Republican March 25, 2024 October 27, 2024
vacant — — October 27, 2025
vacant — — October 27, 2027
vacant — — October 27, 2028

See also

References

  1. ^ a b "Contact Information". CPSC.gov. Archived from the original on January 16, 2013. Retrieved May 6, 2015.
  2. ^ "15 U.S. Code § 2051 - Congressional findings and declaration of purpose". LII / Legal Information Institute. Retrieved August 24, 2016.
  3. ^ a b c d "Contact Information". CPSC.gov. Archived from the original on January 16, 2013. Retrieved May 6, 2015.
  4. ^ "Consumer Product Safety Commission: Better Data Needed to Help Identify and Analyze Potential Hazards". GAO Reports. U.S. General Accounting Office. n.3. October 23, 1997. Retrieved February 2, 2016.
  5. ^ "About CPSC". U.S. Consumer Product Safety Commission. Retrieved January 14, 2016.
  6. ^ Nord, Nancy (September 30, 2013). "Statement on the Commission's decision to adopt a safety standard for bassinets and cradles, 16 C.F.R. part 1218" (PDF). CPSC. Retrieved August 24, 2016.
  7. ^ Recall Handbook: A Guide for Manufacturers, Importers, Distributors and Retailers on Reporting Under Sections 15 and 37 of the Consumer Product Safety Act and Section 102 of the Child Safety Protection Act and Preparing for, Initiating, and Implementing Product Safety Recalls Including CPSC Fast Track Product Recall Program and use of Social Media (PDF). Bethesda, Maryland: U.S. Consumer Product Safety Commission, Office of Compliance & Field Operations. March 2012. p. 17.
  8. ^ Schlesinger, Jennifer; Day, Andrea (September 9, 2017). "How the CPSC keeps consumers safe from products that get recalled". CNBC. Retrieved November 18, 2019.
  9. ^ "Fisher-Price Recalls to Inspect Rock 'N Play Infant Sleepers Due to Risk of Exposure to Mold". U.S. Consumer Product Safety Commission. July 23, 2016. Retrieved November 18, 2019.
  10. ^ "Nest Labs Recalls to Repair Nest Protect Smoke CO Alarms". U.S. Consumer Product Safety Commission. July 23, 2016. Retrieved November 18, 2019.
  11. ^ "Statement of Commissioner Elliot F. Kaye on Consumer-Friendly Product Recalls: Six Basic Principles That Will Put Safety First and Improve Effectiveness". CPSC.gov. July 19, 2017. Retrieved November 18, 2019.
  12. ^ "After death and recalls, feds ban high-powered magnets". CBS News. September 25, 2014. Retrieved May 6, 2015.
  13. ^ "Statement on the Commission's decision to adopt a safety standard for bassinets and cradles, 16 C.F.R. part 1218" (PDF). Cpsc.gov. Retrieved May 6, 2015.
  14. ^ Zen Magnets v. CPSC, 841 F.3d 1,141 (10th Cir. 2016).
  15. ^ Judge, Jonathan (February 16, 2017). "CPSC Civil Penalties: A Statistical Analysis". SchiffHardin.com.
  16. ^ "Polaris Agrees to Pay $27.25 Million Civil Penalty for Failure to Report Defective Recreational Off-Road Vehicles". April 2, 2018.
  17. ^ Tenenbaum, Inez (November 12, 2012). "Statement at press event launching Global Recalls Web Portal, OECD, Brussels, Belgium". CPSC.gov. Retrieved August 20, 2017.
  18. ^ Bump, Philip (July 3, 2017). "Analysis - The government's annual mannequin murders, ranked" – via www.washingtonpost.com.
  19. ^ U.S. Consumer Product Safety Commission (June 30, 2017), CPSC Fireworks Safety Demonstration 2017, retrieved June 6, 2018
  20. ^ "@USCPSC" on Twitter
  21. ^ @USCPSC (January 13, 2024). "Text this picture to everyone you know" (Tweet). Retrieved October 18, 2024 – via Twitter.
  22. ^ Treisman, Rachel (September 20, 2023). "A federal agency wants to give safety tips to young adults. So it's dropping an album". NPR. Retrieved October 18, 2024.
  23. ^ "Pool Safely". Pool Safely. Retrieved August 31, 2019.
  24. ^ "Pool Safely Campaign". Water Safety Magazine. February 13, 2015. Retrieved August 31, 2019.
  25. ^ "CPSC's Pool Safely And The Michael Phelps Foundation Honor A Decade Of Water Safety". The ZAC Foundation. August 25, 2018. Archived from the original on August 31, 2019. Retrieved August 31, 2019.
  26. ^ a b c Flaherty E. (2008). Safety First: The Consumer Product Safety Improvement Act of 2008 Archived July 19, 2011, at the Wayback Machine. Loy. Consumer L. Rev..
  27. ^ "Consolidated Appropriations Act, 2019". Library of Congress. February 15, 2019. div. D, tit. V, Pub. L. 116–6.
  28. ^ Strategic Plan 2018–2022 (PDF). Bethesda, Maryland, United States: U.S. Consumer Product Safety Commission. 2018. p. 9. Retrieved May 10, 2019.
  29. ^ Brown, Merrill (May 10, 1981). "Reagan Wants to Ax Product Safety Agency". The Washington Post. Retrieved August 31, 2019.
  30. ISSN 0362-4331
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  31. ^ Williamson, Elizabeth (November 2, 2007). "Industries Paid for Top Regulators' Travel". The Washington Post. Retrieved November 2, 2007.
  32. ^ a b c Lyndsey Layton (April 14, 2011). "Consumer database escapes budget ax". Washington Post. Post Politics. Retrieved April 16, 2011.
  33. ^ "SaferProducts.gov Puts Power into the Hands of the Consumer · Consumer Federation of America". Consumer Federation of America. August 20, 2018. Retrieved May 10, 2019.
  34. ^ "Record of Commission Action for Administrative Complaint against Maxfield and Oberton Holdings, LLC (Briefing package dated July 23, 2012, OS No. 5274)" (PDF). U.S. Consumer Product Safety Commission. June 23, 2012.
  35. ^ Nord, Nancy (Aug. 27, 2012), “Statement on the Commission’s decision to publish a Notice of Proposed Rulemaking on Magnet Sets". CPSC.gov. Retrieved 2019-08-31.
  36. ^ Carter, Terry (May 1, 2013). "Should this toy be saved?". ABA Journal. Retrieved August 31, 2019.
  37. ^ Kutner, Jeremy (August 21, 2017). "How One Man's Quest to Save His Magnets Became a Massive Regulatory Battle". HuffPost. Retrieved August 31, 2019.
  38. ^ Frankel, Todd (April 2, 2019). "After hundreds of crashes, this Britax jogging stroller faced recall. Then Trump appointees stepped in". The Washington Post. Retrieved August 31, 2019.
  39. ^ Cornish, Audie; Frankel, Todd (April 3, 2019). "How A Stroller Company Avoided A Recall With Help From The Chair Of The CPSC". NPR.org. Retrieved August 31, 2019.
  40. ^ Millar, Sheila; Cardon, Nathan (April 11, 2018). "Why CPSC Sued To Recall Stroller That Met Standards". Law360. Retrieved August 31, 2019.
  41. ^ "Britax Recalls Modified Thru-Bolt Axles for Use with BOB Jogging Strollers Distributed Through the BOB Information Campaign Due to Fall and Injury Hazards (Recall Alert)". U.S. Consumer Product Safety Commission. July 25, 2019. Retrieved August 31, 2019.
  42. ^ Frankel, Todd (July 25, 2019). "Britax avoided one recall for its BOB stroller. But its crash fix leads to a recall now". The Washington Post. Retrieved August 31, 2019.
  43. ^ "Fisher-Price Recalls Rock 'n Play Sleepers Due to Reports of Deaths". U.S. Consumer Product Safety Commission. April 12, 2019. Retrieved August 31, 2019.
  44. ^ "Kids II Recalls All Rocking Sleepers Due to Reports of Deaths". CPSC. April 26, 2019. Retrieved August 31, 2019.
  45. ^ Frankel, Todd (May 30, 2019). "Fisher-Price invented a popular baby sleeper without medical safety tests and kept selling it, even as babies died". The Washington Post. Retrieved August 31, 2019.
  46. ^ Frankel, Todd C. (June 18, 2019). "Consumer Product Safety Commission's acting chairwoman plans to step down". The Washington Post. Archived from the original on June 18, 2019.
  47. ^ "Fired CPSC commissioner tells President Trump, "See you in court" - CBS News". www.cbsnews.com. May 9, 2025. Retrieved May 15, 2025.
  48. ^ a b "15 U.S. Code § 2053 - Consumer Product Safety Commission". LII / Legal Information Institute. Retrieved May 15, 2025.
  49. ^ "Fired CPSC commissioner tells President Trump, "See you in court" - CBS News". www.cbsnews.com. May 9, 2025. Retrieved May 15, 2025.
  50. ^ Shepardson, David (May 9, 2025). "White House dismisses Democrats on Consumer Product Safety Commission". Reuters. Retrieved May 15, 2025.
  51. ^ Diaz, Jaclyn (May 9, 2025). "Trump fires all 3 Democrats on the Consumer Product Safety Commission". NPR. Retrieved May 15, 2025.
  52. ^ "Consumer Reports urges the White House to abandon its plans to eliminate the independent, bipartisan Consumer Product Safety Commission". CR Advocacy. Retrieved May 15, 2025.
  53. ^ 15 U.S.C. § 2053(a).
  54. ^ 15 U.S.C. § 2053(c)[1].
  55. ^ "CPSC Commissioner Ann Marie Buerkle Elected Vice Chair; CPSC under Regulatory Freeze | Ad Law Access". Ad Law Access. January 23, 2017. Retrieved February 8, 2017.
  56. ^ "Commissioner Peter A. Feldman Becomes Acting Chairman of U.S. Consumer Product Safety Commission". Consumer Protection Connection. January 22, 2025. Retrieved January 24, 2025.
  57. ^ Cardon, Nathan; Millar, Sheila (February 9, 2017). "Elliot Kaye Steps Down as CPSC Chair". Consumer Protection Connection. Retrieved August 31, 2019.
  58. ^ Frankel, Todd C.; Eilperin, Juliet. "Trump may appoint former chemical industry executive to lead Consumer Product Safety Commission". Washington Post. Retrieved April 27, 2020.
  59. ^ "PN1687 - Nomination of Nancy B. Beck for Consumer Product Safety Commission, 116th Congress (2019-2020)". www.congress.gov. March 16, 2020. Retrieved April 27, 2020.
  60. ^ "Commissioners". U.S. Consumer Product Safety Commission. Retrieved December 22, 2024.
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