Consumer Reports: Circuit Court Preserves Bipartisan Leadership at the Consumer Product Safety Commission Pending Appeal

CR calls on Congress to preserve the CPSC as an independent agency, and support its vital mission to protect the public from hazardous consumer products

WASHINGTON, DC — Consumer Reports (CR) welcomed an order from the U.S. Fourth Circuit Court of Appeals regarding the three Commissioners who were fired, then reinstated, at the U.S. Consumer Product Safety Commission (CPSC).

Attorneys for the Justice Department had asked the appeals court to pause a recent district court ruling that found that the Commissioners were unlawfully fired, leading to their reinstatement. The Fourth Circuit denied that request, which allows the reinstated Commissioners to remain in their leadership roles at the agency while the appeals process continues.

“The CPSC was designed to be independent, and led by a bipartisan Commission, so it could stay at arm’s length from the daily political whims, and focus on getting dangerous products off the market,” said Gabe Knight, Consumer Reports’ Senior Policy Analyst. “This ruling means the Commission can continue its critical safety work on a bipartisan basis, as Congress intended when it created the CPSC over fifty years ago. We continue to call on Congress to support the CPSC, and provide the agency with the resources it needs to continue keeping consumers and their families safe.”

The Circuit Court’s ruling enables the Commission to retain its bipartisan structure as it seeks to advance its priorities during this critical period for consumer protection, including stopping hazardous products at U.S. borders, enforcing product safety laws, and investigating emerging product hazards.

Congress established the CPSC in 1972, and charged it with protecting the public from unreasonable risks of injury or death associated with more than 15,000 types of consumer products. The agency creates and enforces product safety standards, issues recalls, warns the public when dangerous products are being sold—or already in their homes, conducts research, and collects data. Congress designed the CPSC to operate independently, ensuring it can act in the public interest without undue political or corporate influence.

CR has strongly supported the CPSC’s mission since the agency’s establishment, and continues to advocate for strong, independent oversight of the consumer product marketplace. As the marketplace rapidly changes, and a growing number of purchases take place online, consumers increasingly depend on the CPSC to protect them and their families from unsafe products. According to CR, the agency’s ability to take strong action depends on preserving its independence and the integrity of its bipartisan leadership. CR calls on Congress to protect the CPSC’s vital work from any efforts that would restrict its ability to fulfill its mission to protect the public from hazardous consumer products.

Media Contact: Emily Akpan, emily.akpan@consumer.org