Monday May 18, 2026

CPSC Explains Factors It Considers in Criminal Referrals to DOJ

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CPSC May 14 listed five factors it considers in referring criminal offences to the Department of Justice (DOJ). This was part of its compliance with a May 2025 executive order that is titled Fighting Overcriminalization in Federal Regulations. The five items involve:

Harm and risk of harm.

The role of criminal intent in the statutory offense.

Potential gain by the accused.

The accused's specialized knowledge, expertise, or license in the offense area.

Evidence of the accused's knowledge about the violative acts.

CPSC's Federal Register notice (bit.ly/4dc0Zcp) also said the agency was sending a report the Office of Management and Budget on the criminal offenses in the statutes it administers and the range of penalties for each, including the role of criminal intent.

Acting CPSC Chairman Peter Feldman – about the announcement of the $8 million criminal penalty to be paid by Royal Sovereign – recently suggested (PSL, 5/4/26) that once-rare criminal referrals might become more common.