Written on: December 1, 2024 by Nicholas Georges
Most people outside of certain regulated industries have never heard of the Consumer Product Safety Commission (CPSC). They may recognize that consumer products are regulated, but don’t know by who or the specific requirements that manufacturers and marketers have to meet in order for products to be available for sale.
The Consumer Product Safety Act (CPSA)i gives CPSC the authority to protect the public from unreasonable risks of injury and/or death from consumer products, including children’s toys, off-road recreational vehicles and consumer chemical products.ii To do this effectively, the CPSC initiates rulemakings; develops voluntary standards (usually in coordination with industry); recalls products and arranges for their repair, replacement or refund; conducts research on product hazards; and provides education to consumers.
CPSC is working on a rulemakingiii on aerosol dusters, which I wrote about in the last edition of Pressure Points, but with the Commission currently considering its Fiscal Year 2025 Operating Plan,iv I want to discuss what else may be on their agenda.
The CPSC has a robust list of priorities, mostly focused on quickly identifying and communicating with consumers about hazardous products, especially those imported and sold online. This focus on aggressive enforcement stemsv from CPSC’s recent “reinvention,” which is demonstrated by the increase in notices of violation and monetary settlements.vi
In 2025, the Commission will aim to prioritize consistent enforcement of e-commerce platforms—as well as monitor post-recall actions to identify if additional compliance, enforcement or communication—is necessary. CPSC has already established numerous performance goals to assess the speed and effectiveness of these priorities.
CPSC will also continue to focus on new and ongoing regulatory activity. Beyond aerosol dusters, the Commission is expected to finalize a rule to amend mandatory information disclosure standards under Section 6(b) of the CPSAvii, which requires CPSC to provide manufacturers and marketers with advance notice and “a reasonable opportunity to submit comments” to the Commission on proposed disclosures of certain information. While this rulemaking is meant to streamline the process by which CPSC shares information with the public, the regulated community has expressed concerns that it could result in incorrect information or unintended consequences, such as damaging brand reputation.
Further, the CPSC plans to publish a notice of proposed rulemaking to review consumer product labeling. The operating plan does not indicate what this would specifically cover, but could include enforcing existing Federal Hazardous Substances Act (FHSA) labeling requirements; ensuring products subject to certification and labeling requirements meet these obligations; reviewing consumer understanding of hazard and precautionary labeling; or something else entirely. No matter what the proposal entails, the Household & Commercial Products Association (HCPA) will engage as necessary on behalf of member companies.
Finally, CPSC plans to engage in the development and/or revision of 92 voluntary standards, including chemical test methods, child-resistant packaging and flame mitigation.
The Commission also has several other ongoing projects, including support for the statistical analysis of the National Electronic Injury Surveillance System (NEISS) data, maintenance of the Consumer Product Safety Risk Management System (CPSRMS) and activity related to indoor air quality, per- and polyfluoroalkyl substances (PFAS) and non-animal alternative test methods.
CPSC is considerably smaller than other Federal agencies that the household and commercial products industry commonly works with, such as the U.S. Environmental Protection Agency (EPA) or the U.S. Food & Drug Administration (FDA), but they certainly have a lot on their plate for the remainder of 2024 and into 2025.
To stay up to date on CPSC’s activity or if you have specific questions, please contact me at ngeorges@thehcpa.org. SPRAY
i 15 U.S.C. §§ 2051−2089
ii link
iii link
iv link
v link
vi link
vii link
