The U.S. Consumer Product Safety Commission (CPSC) is undergoing multiple shifts that render its future uncertain. Below is a high-level chronology of events that have occurred over the last few months:
- April 10, 2025 – A leaked Office of Management and Budget (OMB) budget “Passback” memorandum—the OMB’s official feedback mechanism for budget submissions from federal agencies—signals major changes to the Department of Health and Human Services (HHS)’s proposed discretionary budget for Fiscal Year 2026. Namely, the draft Passback shows the Trump administration is considering cutting nearly one-third of the federal health department’s budget, which would be achieved primarily by eliminating select programs and consolidating various health and safety-related agencies (including the CPSC) under a new umbrella entity: the Administration for a Healthy America (AHA), overseen by Health Secretary Robert F. Kennedy, Jr.
- May 8, 2025 – Department of Government Efficiency (DOGE) staff arrive at the CPSC to begin cost-cutting measures, including layoffs.
- May 9, 2025 – President Donald Trump fires three of the five CPSC commissioners—Alexander Hoehn-Saric, Mary Boyle, and Richard Trumka, Jr.—all of whom were Democratic appointees.
- May 21, 2025 – Hoehn-Saric, Boyle, and Trumka file a complaint for declaratory and injunctive relief in the United States District Court for the District of Maryland, against Trump and others, seeking to be reinstated as CPSC commissioners.
- May 30, 2025 – CPSC budget request for FY 2026 confirms the Trump administration’s plan to move the CPSC into HHS.
- June 13, 2025 – The United States District Court for the District of Maryland grants summary judgment in the fired commissioners’ favor, holding that the commissioners’ firing was “contrary to law, and without legal effect.” The court’s order further enjoined the Trump administration from “taking any action to effectuate [the] unlawful terminations,” effectively reinstating them as active CPSC commissioners.
- June 16, 2025 – The Trump administration files an appeal to the District Court’s ruling and files a motion to stay the court’s order (i.e., reinstating the commissioners) pending resolution of the appeal.
CPSC Operational Outlook: Implications of Leadership and Structural Changes
The proposed reorganization of the CPSC under HHS would require an act of Congress this year. As to the current make-up of the CPSC’s commissioners, it is possible that the district court’s decision may be overturned on appeal.
The Consumer Product Safety Act (CPSA)—the enabling statute for the CPSC—provides for five commissioners, serving staggered seven-year terms, to oversee the consumer product safety agency. The CPSA also requires a quorum of commissioners to conduct official CPSC business. Generally, three commissioners constitute a quorum, but the CPSA also permits a two-member quorum to conduct official CPSC business for six months. See 15 U.S. Code § 2053(d). Practically, this means that if the Democratic commissioners’ firings are upheld on appeal, current Acting Chairman Feldman and Commissioner Dziak—both Republican CPSC members—may vote on and conduct agency business for six months. However, Commissioner Dziak’s term is set to expire on Oct. 27, 2025. Should the firings be upheld, and no other commissioners are nominated and confirmed by the Senate before Oct. 27, 2025, the CPSC may not take any action that requires a commission vote after this date.
What might this mean? Essentially, this means that several CPSC operations would be placed on a pause until either (1) additional commissioners are appointed and confirmed by the Senate; or (2) Congress enacts a law that formally reorganizes the CPSC under HHS. The operations that may be impacted by this pause include:
- implementing rulemaking proceedings;
- suing manufacturers or demanding involuntary recalls;
- accepting negotiated monetary civil penalties from companies that have violated a safety requirement;
- issuing subpoenas;
- sanctioning changes to previously approved budgetary items;
- signing agreements with foreign governments; and
- negotiating voluntary recalls.
That said, there would still be a few things that remain fixed without a quorum. Importantly, all consumer product safety regulations, including standards and bans, remain in effect. Similarly, all Sections 15 and 37 reporting obligations remain in place. Furthermore, all previous Commission Directives and Delegations to agency staff currently remain in place. In other words, the agency staff would continue to carry out its Directives and Delegations until and unless they are revoked. For instance, the Office of Compliance and Field Operations would continue to oversee and implement the CPSC’s recall programs.
There are many events that may occur between now and the end of the year that might impact the CPSC’s trajectory.