Closer Scrutiny On the Way from CPSC?

By Thomas M. Barba, Partner, Steptoe & Johnson LLP

President Obama recently nominated Democrat Marietta S. Robinson, a Michigan trial attorney with 33 years in practice, to fill a vacancy on the U.S. Consumer Product Safety Commission (CPSC).  If confirmed by the Senate, she will break the bipartisan gridlock following the departure of Democrat Thomas H. Moore in October.

The party split on the panel mirrors the ongoing partisan stalemate in Washington.  Ever since the passage of the 2008 Consumer Product Safety Improvement Act (CPSIA), the CPSC has been challenged by an ideological battle among its commissioners.  The Democrats have accused the Republicans of putting business’s financial interest ahead of consumer safety, and the Republicans have retorted that Democrats are advancing an “agenda” by pushing regulations through without thoroughly weighing the costs with the benefits.  Specifically, the Commission voted along party lines to launch a consumer complaints database, and they also spurred on enacting drop-side crib regulations pursuant to the CPSIA.

Inez Tenenbaum, the Chairman of the CPSC, in a more recent interview said she “bemoaned the bitterness on the board,” which in turn led Republican commissioners to compare the Chairman’s leadership style to that of a dictator.

Should the Senate approve Robinson’s nomination, the Democrats will have the upper-hand, which will likely result in more rigorous enforcement from the agency.  Consumer product manufacturers are well-advised to be prepared for quicker approvals of more stringent safety standards, an increase in regulatory enforcement, and an anticipated release of new federal regulations that will impact a broad array of toys, children’s products, and consumer goods.  Companies should also take extra steps to ensure that they are in regulatory compliance, so as to limit civil or criminal litigation and regulatory fines.

Meanwhile, what are your thoughts?  How will the Senate respond to President Obama’s nomination of Robinson?  If the nomination is approved, how will it impact your business?  Do you think it will result in more scrutiny of the consumer products industry and lead to additional stories of large civil penalty settlements and seized imported consumer products? Please feel free to share your comments below.

Thomas M. Barba is an experienced products liability litigator and advisor who is a partner in the Washington office of Steptoe & Johnson LLP. You may contact him at (202) 429-8127 or tbarba@steptoe.com.