The second panel of the day brought a timely and clear-eyed look at where CPSC enforcement has been — and where it is headed. Crowell & Moring attorneys Clay Marquez, Chantel Greene, and Sean Ward started the second day of the ICPHSO Annual Meeting & Training Symposium walking attendees through the enforcement landscape using a framework as straightforward as it is memorable: the good, the bad, and the ugly.

The second panel of the day brought a timely and clear-eyed look at where CPSC enforcement has been — and where it is headed. Crowell & Moring attorneys Clay Marquez, Chantel Greene, and Sean Ward started the second day of the ICPHSO Annual Meeting & Training Symposium walking attendees through the enforcement landscape using a framework as straightforward as it is memorable: the good, the bad, and the ugly.

The Good: A Baseline Worth Understanding

The numbers tell an important story. Over the last decade, the total number of civil penalty settlements has actually decreased — but do not let that fool you. The median penalty amount has risen significantly, climbing from roughly $7.2 million between 2015 and 2020 to over $9.3 million between 2020 and 2025. Fewer settlements does not mean less risk. It means the ones that do happen hit harder.

The Bad: Stricter Enforcement Is Already Here

The CPSC is not waiting for the future to get tougher — it already has. From 2021 to 2025, the number of annual recalls increased by nearly 93%, and unilateral safety warnings surged by over 700%. The CPSC’s FY 2026 operating plan makes its intentions explicit: accelerate recalls, streamline the process, and continue issuing unilateral warnings when companies fail to act voluntarily.

Critically, the CPSC has stated it will review every recall, Fast Track and non-Fast Track alike, typically for a potential failure to timely report a violation. This is a meaningful shift. Historically, Fast Track recalls came with a lighter investigative touch. That is no longer the case. And with civil penalty settlements continuing to reach into the tens of millions the financial exposure for non-compliance is very real.

The Ugly: The Road Ahead Is Uncertain

Perhaps the most significant development on the horizon is structural. The DOJ’s Consumer Protection Branch was dissolved in late 2025 and reorganized into a new Enforcement and Affirmative Litigation Branch. What this means in practice remains to be seen. But as the Crowell team noted, the reorganization does not appear to signal a slowdown — if anything, it signals a potential broadening of enforcement reach. Only time will tell.

The Takeaway

The message from this panel was direct: the enforcement environment is tightening, the tools available to regulators are being utilized across the board, and the window for reactive compliance is narrowing. Whether you are managing a recall, evaluating your reporting obligations, or building out your compliance program, now is the time to get ahead of it.

Stay tuned for more recaps from day two of the ICPHSO Annual Meeting & Training Symposium.