The Future of the CPSC and Consumer Product Regulations

Rumors surrounding the future of the US Consumer Product Safety Commission (“CPSC”) have been swirling since a document, leaked from the Office of Management and Budget on the Department of Health and Human Services (“HHS”), suggested that the CPSC and its consumer product related duties might be incorporated into HHS.

Those rumors, coupled with quarrels among the Commissioners as to how the agency should be run in light of Executive Order 14215: Ensuring Accountability for All Agencies, put a heavy strain on recent CPSC activities. For example, on April 30, 2025, the Commissioners debated whether they could publish a notice of proposed rulemaking (NPR) that, if finalized, would establish a mandatory safety standard for lithium-ion batteries used, and sold separately for use, in micromobility products like electric bikes and scooters, hoverboards, and skateboards.

At the public hearing on the issue, Acting Chairman Peter Feldman and his Republican colleague, Commissioner Douglas Dziak, argued that the recent passage of House Rule 973 required the agency to refrain from moving forward on the standard until the bill became law, even though the bill itself directs the CPSC to engage in rulemaking to set such safety standards for these products. Commissioners Alexander Hoehn-Saric, Richard Trumka, Jr., and Mary Boyle used their 3-2 party-line majority and voted to publish the NPR. A week later, the Democratic Commissioners voted to reject DOGE’s request to have two of its members “detail,” or be temporarily assigned to the CPSC.

On May 8, 2025, President Trump issued termination letters to the three sitting Democratic members of the Commission. While Commissioners Hoehn-Saric, Trumka, and Boyle objected to their respective removals, promising to fight the President’s action in Court, the Commission has been starkly reduced. Indeed, the CPSC website  reflects only Commissioner Dziak as serving on the Commission, alongside Acting Chairman Feldman. So, what does this two-member Commission mean for stakeholders? It means primarily that the CPSC will continue to implement its duties, for now.

The Consumer Product Safety Act provides for five Commissioners, serving staggered seven-year terms, to oversee the consumer product safety agency. The Act also requires a quorum of Commissioners to conduct official CPSC business. Generally, three Commissioners constitute a quorum. However, when there are only two active members of the Commission, the statute permits a two-member quorum to conduct official CPSC business -- but only for six months. Practically, this means that Acting Chairman Feldman and Commissioner Dziak, both Republican members of the Commission, may vote on and conduct agency business until approximately November 9, 2025. At that point, if no other Commissioner is confirmed by the Senate, the CPSC may not take any action that requires a Commission vote. There are no pending nominations for CPSC Commissioners before the Senate.

While the future of the CPSC is uncertain, there are still a few things that remain fixed. Importantly, all consumer product safety regulations, including standards and bans, remain in effect. Similarly, all Sections 15 and 37 reporting obligations remain in place. And, all previous Commission Directives and Delegations to agency staff currently remain in place. In other words, the agency staff will continue to carry out its Directives and Delegations until and unless they are revoked. Indeed, rest assured that the Office of Compliance and Field Operations, for example, will continue to oversee and implement the CPSC’s recall programs.

If you have questions about if and how the CPSC’s current status may impact you, or any other product safety matters, please contact the authors at Clyde & Co US LLP in Washington, DC.

Clyde & Co Senior Counsel Dana Baiocco, Esq. is a former CPSC Commissioner.
Clyde & Co Associate Serena Anand, Esq. is a former CPSC Trial Attorney.