The administration fired three of the five commissioners who help protect consumers from harmful products
WASHINGTON – U.S. Senator John Hickenlooper, along with four of his Senate colleagues, called on the Trump administration to reverse the illegal firings of Consumer Product Safety Commission (CPSC) officials who help protect Americans from potentially harmful products.
“This move compromises the ability of the federal government to apply data-driven product safety rules to protect Americans nationwide, away from political influence,” wrote the senators. “We urge you to immediately reverse this order and allow the three Democratic CPSC Commissioners to continue their work to protect consumers, especially children and families, from hazardous products.”
Congress created the CPSC to help regulate the manufacture and sale of products, ranging from children’s toys to fireworks, to protect the public from dangerous products that could lead to injury or death. Last year, the CPSC helped recall 153 million consumer products to protect kids and families from defective and harmful products.
On May 8th, the Trump administration announced its intention to fire the CPSC’s three Democratic Commissioners, Commissioner Hoehn-Saric, Commissioner Trumka, and Commissioner Boyle, without cause. The commission is made up of five commissioners appointed by the President and confirmed by the Senate.
Hickenlooper currently serves the Ranking Member of the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety and Data Security.
Full text of the letter is available HERE and below.
Dear President Trump:
We write to express serious concern regarding your intention to fire the three Democratic Commissioners from the Consumer Product Safety Commission (CPSC). This move compromises the ability of the federal government to apply data-driven product safety rules to protect Americans nationwide, away from political influence. We urge you to immediately reverse this order and allow the three Democratic CPSC Commissioners to continue their work to protect consumers, especially children and families, from hazardous products.
Congress established the CPSC in the Consumer Product Safety Act as an independent regulatory commission composed of five bipartisan Commissioners, appointed by the President and confirmed by the Senate. Since 1972, the CPSC has regulated the manufacture and sale of products ranging from children’s toys to fireworks, working to protect the public from unreasonable risks of injury or death. In fiscal year 2024 alone, the CPSC negotiated and implemented the recall of 153 million consumer product units and conducted more than 4,100 in-depth investigations to remove defective and potentially harmful products from shelves. For over 50 years, the CPSC’s bipartisan commissioners have carried out this critical work to ensure that Americans can feel confident about the safety and reliability of the products they use every day.
As at other independent agencies, CPSC Commissioners are appointed by the President and confirmed by the Senate to staggered, seven-year terms. The Consumer Product Safety Act establishes that the President may remove Commissioners only “for neglect of duty or malfeasance in office but for no other cause.” Further, the Act is explicit about the legal requirement for bipartisanship on the CPSC, mandating that “not more than three of the Commissioners shall be affiliated with the same political party.” These provisions exist to limit the Commissioners’ exposure to political influence, allowing them to focus entirely on their job of protecting American consumers.
Despite these clear, congressionally-mandated protections, late on Thursday May 8, you announced your intention to fire the CPSC’s three Democratic Commissioners, Commissioner Hoehn-Saric, Commissioner Trumka, and Commissioner Boyle, without cause. This action degrades the ability of CPSC to establish robust product safety protections and casts doubt on its capacity to pursue recalls and investigations without being influenced by the politics of the day.
More than ninety years ago, the Supreme Court ruled that Congress has the authority to create bipartisan, multi-member commissions to serve the public without undue political influence. More recently, in 2020, the Court refused to rule that the President has the power to remove members of bipartisan commissions at-will. As you know, the President can lawfully exercise influence over the Commission by nominating new members and appointing the Chair. This illegal order to terminate three CPSC Commissioners without cause stands in opposition to clear legislative guidelines and nearly a century of Supreme Court precedent. It must be reversed.
Commissioners Hoehn-Saric, Trumka, and Boyle must be allowed to continue their work at the CPSC and carry out its vital mission to protect American consumers.
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