The United States Consumer Product Safety Commission (USCPSC, CPSC, or commission) is an
independent agency of the United States government
Independent agencies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. In a narrower sense, the term refers ...
. 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. 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. The agency was created in 1972 through the
Consumer Product Safety Act
The Consumer Safety Act (CPSA) was enacted on October 27th, 1972 by the United States Congress. The act should not be confused with an earlier Senate Joint Resolution 33 of November 20, 1967, which merely established a temporary National Commissio ...
. The agency reports to Congress and the President; it is not part of any other department or agency in the federal government.
The CPSC has five commissioners, who are nominated by the
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
and confirmed by the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for staggered seven-year terms.
Historically, the commission was often run by three commissioners or fewer. 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
Bethesda () is an unincorporated, census-designated place in southern Montgomery County, Maryland. It is located just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House (1820, rebuilt 1849), which in ...
.
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), no more than three commissioners may belong to the same party. 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.
Chairmen
The commission is led by Chairman
Alexander Hoehn-Saric, a Democrat. Prior to his 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. In March 2020, President Trump nominated Nancy Beck, an official at the
U.S. Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
who previously worked for an association representing the U.S. chemical industry, to chair the commission, but it was not acted on by the Senate.
Current commissioners
As of October 17, 2022, the commission had a Democratic majority, 3-to-1.
Scope
150px, All-terrain vehicle safety poster
The CPSC regulates the manufacture and sale of more than 15,000 different consumer products, from
cribs to
all-terrain vehicles
An all-terrain vehicle (ATV), also known as a light utility vehicle (LUV), a quad bike, or simply a quad, as defined by the American National Standards Institute (ANSI); is a vehicle that travels on low-pressure tires, with a seat that is stra ...
. Products excluded from the CPSC’s jurisdiction include those specifically named by law as under the jurisdiction of other federal agencies. For example, on-road automobiles are regulated by the
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA ) is an agency of the U.S. federal government, part of the Department of Transportation. It describes its mission as "Save lives, prevent injuries, reduce vehicle-related crashes" rela ...
, guns are regulated by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...
, and drugs are regulated by the
Food and Drug Administration
The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
.
Activities
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.
Recalls, voluntary & otherwise
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. Recalls are nearly always voluntary. 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 or publishing a software patch. 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.
Rulemaking
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. For certain infant products, the CPSC regulates even when voluntary standards exist. 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.
Information gathering & information sharing
The CPSC learns about unsafe products in several ways. The agency maintains a consumer hotline through which consumers may report concerns about unsafe products or injuries associated with products. Product safety concerns may also be submitted through SaferProducts.gov. The agency also operates the National Electronic Injury Surveillance System (NEISS), a probability sample of about 100
hospitals
A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...
with 24-hour
emergency rooms
An emergency department (ED), also known as an accident and emergency department (A&E), emergency room (ER), emergency ward (EW) or casualty department, is a medical treatment facility specializing in emergency medicine, the acute care of pati ...
. NEISS collects data on consumer product related injuries treated in
ERs
ERS, Ers or ers may refer to:
Arts and entertainment
* Egyptian Ratscrew or Slap, a card game
* Elevator Repair Service, an American theater ensemble
Economics and finance
* ERS10, a share index of the Serbian Banja Luka Stock Exchange
* Eco ...
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.
Publicity & communication
The CPSC works on a variety of publicity campaigns to raise awareness of safety.
= Fireworks
=
Annually, the CPSC blows up mannequins to demonstrate the dangers of improper use of fireworks.
= Drowning prevention
=
''See also
Virginia Graeme Baker Pool and Spa Safety Act The Virginia Graeme Baker Pool and Spa Safety Act (VGBA) is a United States law named after Virginia Graeme Baker, who died after sustaining a pool suction-drain injury in June 2002, when the suction from a spa drain entrapped her under the water. I ...
''
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. 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.
Enforcement
Since February 2015, the average civil penalty has been $2.9 million.
In April 2018,
Polaris Industries
Polaris Inc. is an American automotive manufacturer of Polaris RZR, RZR, motorcycles, snowmobiles, all-terrain vehicles, and neighborhood electric vehicles headquartered in Medina, Minnesota, United States. Polaris was founded in Roseau, Minneso ...
agreed to pay a record $27.25 million civil penalty for failing to report defective
off-road vehicles
An off-road vehicle, sometimes referred to as an overland or adventure vehicle, is considered to be any type of vehicle which is capable of off-roading, driving on and off Pavement (material), paved or gravel surface. It is generally characteri ...
.
Funding 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, but the
Consumer Product Safety Improvement Act
The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a United States law signed on August 14, 2008 by President George W. Bush. The legislative bill was known as HR 4040, sponsored by Congressman Bobby Rush (D-Ill.). On December 19, 2007 ...
passed in 2008 increases funding $136.4 million in 2014 with full-time employees to at least 500 by 2013.
[Flaherty E. (2008)]
Safety First: The Consumer Product Safety Improvement Act of 2008
''Loy. Consumer L. Rev.''. Funding dropped to $127 million as of the commission’s fiscal year 2019 appropriation, and it continues to have slightly more than 500 employees.
Mid-2000s reform following the “Year of the Recall”
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,
[ 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.
]
Consumer Product Safety Improvement Act of 2008
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 Consumer Product Safety Improvement Act
The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a United States law signed on August 14, 2008 by President George W. Bush. The legislative bill was known as HR 4040, sponsored by Congressman Bobby Rush (D-Ill.). On December 19, 2007 ...
in 2008. The bill increased funding and staffing for the CPSC, placed stricter limits on lead levels in children’s products (redefined from products intended for children age seven and under to children age twelve and under), restricted certain phthalate
Phthalates (, ), or phthalate esters, are esters of phthalic acid. They are mainly used as plasticizers, i.e., substances added to plastics to increase their flexibility, transparency, durability, and longevity. They are used primarily to soften ...
s 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. Danny’s parents, Linda E. Ginzel and Boaz Keysar
Boaz Keysar is the Chair of the Cognition Program at the University of Chicago, and broadly researches communication, negotiation, and decision making.
Biography
Keysar was born in Israel, and received a bachelor's degree in Psychology and Philo ...
, founded Kids In Danger
Kids in Danger (KID) is an American non-profit dedicated to educating parents, training engineers, designers, and manufacturers, and advocating for improvements in children's product safety in cribs, toys, bathtub seats, bunk beds, car seats, carri ...
and were instrumental in working with the CPSC to strengthen product safety standards.
Creation of public database
The public database
In computing, a database is an organized collection of data stored and accessed electronically. Small databases can be stored on a file system, while large databases are hosted on computer clusters or cloud storage. The design of databases span ...
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.” 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. As of mid-April 2011, the database was accruing about 30 safety complaints per day. By June 2018, the database had 36,544 reports, with an average of approximately 13.74 reports filed each day.
Controversies
Recall of inclined infant sleepers
In 2019, the CPSC recalled inclined sleepers sold by multiple companies (including Mattel Fisher-Price’s Rock ’n Play as well as Kids II’s 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. 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.
Recall of jogging strollers in 2019 after settlement in 2018
The CPSC sued the maker of Britax jogging strollers, then settled with the company, in 2018. Reports attributed the change to the change in personnel after Republicans gained a majority on the commission, although some commentators noted the unusual circumstances of the commission suing over a product that met existing standards. The 2018 settlement included the company’s agreement to provide a replacement part to consumers. The replacement part—a bolt—itself was later recalled because it broke easily.
Attempt to ban small, high-powered magnets
In 2012, following reports of consumers (mostly children) ingesting small, high-powered magnets made of rare earth materials such as neodynium, the commission voted to block sales of Maxfield & Oberton’s Buckyballs-branded toys, and later voted to issue a rule that would amount to a ban on all similar toys. Later, however, a federal appellate court overturned the ban, finding that the Commission had moved forward without adequate data. The decision vacating the ban was written by later-Supreme Court Justice Neil Gorsuch
Neil McGill Gorsuch ( ; born August 29, 1967) is an American lawyer and judge who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since ...
.
Industry-sponsored travel in the early 2000s
On November 2, 2007, ''The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' 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.
Surviving challenges to the commission’s continued existence
The CPSC’s creation was not without controversy, and the agency survived attempts to close it in its first decades. In 1981, President Ronald Reagan’s head
A head is the part of an organism which usually includes the ears, brain, forehead, cheeks, chin, eyes, nose, and mouth, each of which aid in various sensory functions such as sight, hearing, smell, and taste. Some very simple animals may ...
of the Office of Management & Budget, David Stockman
David Alan Stockman (born November 10, 1946) is an American politician and former businessman who was a Republican U.S. Representative from the state of Michigan (1977–1981) and the Director of the Office of Management and Budget (1981–1985) ...
, sought to end the authorization for the agency to move it inside the Department of Commerce
The United States Department of Commerce is an executive department of the U.S. federal government concerned with creating the conditions for economic growth and opportunity. Among its tasks are gathering economic and demographic data for bu ...
. The agency was given a new lease on life following agreement among U.S. senators.
See also
* Child-resistant packaging
Child-resistant packaging or CR packaging is special packaging used to reduce the risk of children ingesting hazardous materials. This is often accomplished by the use of a special safety cap. It is required by regulation for prescription drugs, o ...
* Consumer Product Safety Improvement Act
The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a United States law signed on August 14, 2008 by President George W. Bush. The legislative bill was known as HR 4040, sponsored by Congressman Bobby Rush (D-Ill.). On December 19, 2007 ...
* Injury prevention
Injury prevention is an effort to prevent or reduce the severity of bodily injuries caused by external mechanisms, such as accidents, before they occur. Injury prevention is a component of safety and public health, and its goal is to improve the ...
* Lead-based paint in the United States
Lead-based paint was widely used in the United States because of its durability. The United States banned the manufacture of lead-based house paint in 1978 due to health concerns.
Lead has long been considered to be a harmful environmental pollut ...
* Title 16 of the Code of Federal Regulations
* Toy safety
Toy safety is the practice of ensuring that toys, especially those made for children, are safe, usually through the application of set safety standards. In many countries, commercial toys must be able to pass safety tests in order to be sold. In ...
References
External links
*
Consumer Product Safety Commission
in the Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
Consumer Product Safety Commission
on USAspending.gov ttp://www.usaspending.gov USASpending.govis a database of spending by the United States federal government.
History
Around the time of the Act's passage, OMB Watch, a government watchdog group, was developing a site that would do essentially eve ...
Federal Hazardous Substances Act
PDFdetails
as amended in the GPO GPO may refer to:
Government and politics
* General Post Office, Dublin
* General Post Office, in Britain
* Social Security Government Pension Offset, a provision reducing benefits
* Government Pharmaceutical Organization, a Thai state enterpris ...
br>Statute Compilations collection
The Consumer Product Safety Commission (CPSC) and International Trade: Legal Issues
Congressional Research Service
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
{{authority control
Government agencies established in 1972
Bethesda, Maryland
Organizations based in Maryland
Product safety