CPSC Uses Blanket Disclaimer to Comply with No-Gender Order

CPSC is using a blanket disclaimer that historical documents on its website might not comply with a January executive order on gender. The order dictates that federal agencies must recognize only two sexes and forbids them from using the word gender for such distinctions.

The disclaimer seems to appear at the bottoms of all website pages, including the home page. It is there whether or not any content or linked CPSC documents contain noncompliant concepts. It reads:

"Website disclaimer: This website, www.cpsc.gov, contains historic agency records issued prior to Exec. Order No. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (Jan. 20, 2025). It is the policy of the United States to recognize two sexes, male and female, and to use the term 'sex' and not 'gender' in all applicable policies and documents. Historical records, which the agency is required to maintain, may not reflect current CPSC policy."

CPSC mostly has not added the disclaimer to documents like PDFs. There are exceptions, seeming to involve use of gender regarding non-binary identity, but PSL did find such use without content notices. Regardless, historically, when CPSC used gender, it mainly was as a synonym for sex and almost entirely regarding a male/female binary.

Some documents with or without the disclaimer include:

• A 2024 report (bit.ly/4kwUSkr) on non-powered bicycle incidents (PSL, 12/9/24) now contains the disclaimer but with the last sentence changed to read, "This historical record does not reflect CPSC's current policy." The authors reported that less than 1% of injury victims were identified in the NEISS data as "non-binary/other."

 

• The revised 2025 NEISS coding manual (bit.ly/3FDCqqr) explains CPSC reverted to three pre-2021 codes for sex (1-male/2-female/0-unknown) and why (see related story).

 

• A log (bit.ly/3RmU4RD) of an October 2024 meeting of the UL 8400 panel on virtual/augmented/mixed reality products lacks the notice. It describes UL's "Gender Responsive Standards Initiative" and uses sex and gender as distinct concepts. It has phrases like "self-identifying as females" and "biological males and biological females."

 

• A February 2024 memo (bit.ly/3DD1uxb) from then-Chairman Alexander Hoehn-Saric on employment discrimination does not bear the notice. It mentions protection against discrimination based on "gender identity." The memo uses largely similar language as a recent one from Acting Chairman Peter Feldman (PSL, 3/3/25), but the latter omits "gender identity" and "sexual orientation."

 

• A 2015 report (bit.ly/4iZwDK0) of CPSC's staff's answers to a Federal Employee Viewpoint Survey does not have the notice. It found that 83% of responding staff identified as heterosexual; 14% preferred not to say; and 3% identified as gay, lesbian, bisexual, or transgender.