Happy New Year! We hope that our readers had a very enjoyable and safe holiday season. Here’s a brief review of key developments concerning the U.S. Consumer Product Safety Commission (“CPSC”) from last month to help you stay aware of important product safety legislative and regulatory happenings.

CPSC Responds to Finnbinn’s Challenge on Infant Sleeper Rule. On December 17, the CPSC responded to Finnbinn’s challenge of its final rule applying the voluntary safety standard for inclined infant sleep products (ASTM F3118-17a) to all infant sleep products, including those that are “flat,” such as baby boxes and in-bed sleepers. In its responding brief, the CPSC asserts that Section 104 of the Consumer Product Safety Improvement Act, which requires the agency to study and develop safety standards for infant and toddler products, gives CPSC the authority to set such a standard, even where no existing voluntary safety standard exists. According to the CPSC, to decide otherwise would “allow inaction by a voluntary standard-setting organization to preclude action by the Commission.” The agency further argued that its rule was supported by sufficient evidence, citing 11 deaths and 16 injuries associated with flat sleep products over a two-year span, which it maintained was an undercount. The primary dangers of these products, according to the agency, are that they can fall when placed on other pieces of furniture, and that products without strength and stability requirements can lead to babies falling out of the sleepers. Of note, a trio of consumer advocacy groups filed an amicus brief urging the court to uphold the safety standard’s application to flat sleep products. We will continue to follow and report on this litigation.
Continue Reading CPSC Insights – December 2021

Here’s a brief review of three key developments concerning the U.S. Consumer Product Safety Commission (“CPSC”) from the past month or so to help you stay aware of important product safety legislative and regulatory happenings.

The CPSC Has a New Commissioner. On November 16, the United States Senate confirmed Richard Trumka Jr. to a seven-year term on the Commission by voice vote. Mr. Trumka Jr. will replace long-time Commissioner Robert Adler whose term expired last month. Importantly, with Mr. Trumka Jr.’s confirmation, the Commission will remain comprised of two Democratic (Hoehn-Saric and Trumka Jr.) and two Republican (Baiocco and Feldman) Commissioners. The Democrats will not have a majority on the Commission until current Biden nominee (and CPSC Executive Director) Mary Boyle is confirmed by the Senate—and the status of that nomination remains unclear. Ms. Boyle’s nomination is not on the Senate Commerce Committee’s “Nominations Hearing” agenda for December 1. You can read more about Mr. Trumka Jr.’s confirmation in our prior post about his confirmation.
Continue Reading CPSC Insights – November 2021