News & Analysis as of

Consumer Product Safety Commission (CPSC) CPSC Commissioner

Mintz

Removal of Commissioners, ALJs Does Not Offend Separation of Powers: Tenth Circuit

Mintz on

When the CPSC finds that a product is defective and constitutes a substantial product hazard, it will ask a company to voluntarily undertake a corrective action, commonly called a recall. If the company refuses to take such...more

Husch Blackwell LLP

Early Criticism Of President’s Nominee For CPSC Chair Neglects Much Of Beck’s Education And Background

Husch Blackwell LLP on

Around the time that much of the United States was beginning to shut down in response to COVID-19, President Trump nominated Dr. Nancy B. Beck for Commissioner and Chairman of the Consumer Product Safety Commission (CPSC). A...more

Mintz - Consumer Product Safety Viewpoints

Commissioner Bob Adler Elected Vice-Chairman of the CPSC, Making Him Acting Chairman of the Agency

Late this afternoon it was confirmed that Commissioner Bob Adler was elected Vice-Chairman of the CPSC. Because there is no permanent CPSC Chairman at this time, Commissioner Adler will become the Acting Chairman of the...more

Mintz - Consumer Product Safety Viewpoints

Acting Chairman Ann Marie Buerkle Withdraws Nomination, Announces Intent to Resign From CPSC, Effective October 27, 2019

In a press release this afternoon, Acting Chairman Ann Marie Buerkle announced that she would be withdrawing her nomination to be the permanent Chairman of the CPSC, as well as her nomination for an additional 7 year term,...more

Kelley Drye & Warren LLP

Party of Five: CPSC Has Full Commission and a Republican Majority with Conformation of Peter Feldman

On Tuesday, in an 80 to 19 vote, the Senate confirmed Peter Feldman as CPSC Commissioner – to finish Commissioner Mohorovic’s term ending October 26, 2019. Today, in a narrow 51 to 49 vote, the Senate confirmed him to a full,...more

Mintz - Consumer Product Safety Viewpoints

Peter Feldman Confirmed as Fifth Commissioner at CPSC, Ushering in a Republican Majority for First Time Since 2006

This afternoon, Peter Feldman was confirmed by a vote of 80-19 to be a Commissioner for the U.S. Consumer Product Safety Commission for a term to end in October 2019. The Senate also voted along party lines to invoke cloture...more

Kelley Drye & Warren LLP

Peter Feldman’s Confirmation Hearing for the CPSC Commissioner Spot Puts the CPSC a Step Closer to a Republican Majority

On June 21, the Senate Committee on Commerce, Science, and Transportation held a hearing on Peter Feldman’s nomination for Commissioner of the Consumer Product Safety Commission (CPSC). Mr. Feldman was initially nominated on...more

Miles & Stockbridge P.C.

Peter Feldman Nominated as CPSC Commissioner; Confirmation Will Create Republican Majority on Commission

On June 4, President Trump nominated Peter Feldman as Commissioner of the U.S. Consumer Product Safety Commission. As we previously reported, the recent Senate confirmation of Commissioner Dana Baiocco created a 2-2 split...more

Morrison & Foerster LLP - Class Dismissed

New Nomination Could Mean Partisan Tiebreaker for CPSC

On June 4th, President Trump nominated Peter Feldman to fill the fifth seat on the U.S. Consumer Product Safety Commission (CPSC) and serve out the remainder of prior Commissioner Joe Mohorovic’s vacated seven-year term...more

Mintz - Consumer Product Safety Viewpoints

President Trump Nominates Peter Feldman as CPSC Commissioner Signaling First Republican Majority at Commission Since 2006

Yesterday, President Donald Trump nominated Peter Feldman to fill the fifth and final spot as Commissioner of the U.S. Consumer Product Safety Commission. The nomination is to fill the vacancy left by past Commissioner Joe...more

Morrison & Foerster LLP - Class Dismissed

Baiocco Confirmed as CPSC Commissioner

After months of anticipation, the U.S. Senate finally confirmed Dana Baiocco as a Commissioner of the U.S. Consumer Product Safety Commission (CPSC) on May 22, 2018. President Trump first nominated Commissioner Baiocco on...more

Mintz - Consumer Product Safety Viewpoints

Baiocco Confirmation Signals the Beginning of a New Paradigm at CPSC

Yesterday the U.S. Senate confirmed Dana Baiocco (pronounced “Bee Awe Co”) as a Commissioner for the U.S. Consumer Product Safety Commission with a term that runs through October of 2024. The confirmation took over eight...more

Mintz - Consumer Product Safety Viewpoints

President Trump Re-Nominates Ann Marie Buerkle For Permanent CPSC Chairman and Dana Baiocco as Commissioner

With Congress back in session, on January 8th President Trump was swift to re-nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the CPSC, along with a nomination for a second term as a Commissioner. ...more

Kelley Drye & Warren LLP

New Vacancy at CPSC as Commissioner Joe Mohorovic Departs for Dentons

Kelley Drye & Warren LLP on

Last week, CPSC Commissioner Joseph Mohorovic, one of the two Republicans on the five-person Commission, announced that he would be ending his term as Commissioner two years early to join the Federal Regulatory and Compliance...more

Miles & Stockbridge P.C.

Dana Baiocco Nominated to Replace CPSC Commissioner Robinson

On September 21, 2017, President Trump nominated Dana Baiocco to replace Commissioner Marietta S. Robinson when her term at the Consumer Product Safety Commission (CPSC) expires on October 26. Ms. Baiocco is a partner at...more

Morrison & Foerster LLP - Class Dismissed

Trump to Nominate New Commissioner to CPSC

President Trump announced on September 21, 2017, that his intent to nominate Jones Day partner Dana Baiocco to the position of Commissioner of the Consumer Product Safety Commission (CPSC) for a 7-year term starting next...more

Mintz - Consumer Product Safety Viewpoints

Seasoned Litigator Nominated to Replace Commissioner Robinson and Establish Republican Majority at CPSC

Yesterday, President Trump announced his nomination of Dana Baiocco to be a Republican Commissioner on the Consumer Product Safety Commission. If confirmed, Ms. Baiocco would take the seat of Commissioner Robinson, whose term...more

Kelley Drye & Warren LLP

Getting Closer: Progress on Nominations for CPSC Chairman and Commissioner

Yesterday, President Trump announced his intent to nominate Dana Baiocco as CPSC Commissioner. If confirmed, Ms. Baiocco would replace Commissioner Marietta Robinson when her term expires on October 27, and would serve a...more

Mintz - Consumer Product Safety Viewpoints

President Trump Nominates Acting Chairman Ann Marie Buerkle as Permanent Chairman of the CPSC

Today, President Donald Trump officially announced his intent to nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the U.S. Consumer Product Safety Commission. Her new seven year term will begin on...more

Miles & Stockbridge P.C.

Significant Changes to Consumer Product Safety Commission Expected Under New Administration

The U.S. Consumer Product Safety Commission (“CPSC”) is an independent federal agency that administers the Consumer Product Safety Act (“CPSA”), 15 U.S.C. §§ 2051-2089, and has authority to seek civil penalties for alleged...more

Mintz - Consumer Product Safety Viewpoints

CPSC Begins Transition: Ann Marie Buerkle is Now the Acting Chairman of the Agency

February 9th, 2017, it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the...more

Mintz - Consumer Product Safety Viewpoints

CPSC Chairman Kaye and Commissioner Adler: Current Civil Penalties Approach Works

Yesterday, CPSC Chairman Elliot Kaye and Commissioner Robert Adler issued a lengthy joint statement vigorously defending the Commission’s current approach to civil penalties against various criticisms voiced by Commissioners...more

Mintz - Consumer Product Safety Viewpoints

CPSC Announces Civil Penalty against Teavana; Commissioners Remain Divided on Civil Penalty Enforcement, Calculations, and...

On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve...more

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