CPSC Changes: Observations from a Former Employee

by Marc J. Schoem in his individual capacity and as a former Deputy Director of the Office of Compliance and Field Operations at CPSC. This article is not made on behalf of ICPHSO or CPSC, which have neither reviewed nor endorsed the content below. The views expressed do not necessarily represent the position of ICPHSO on this or any related matter.

During the 1960s, product safety concerns were managed by multiple government agencies, including the Department of Health, Education, and Welfare (HEW, predecessor to the Department of Health and Human Services), the National Bureau of Standards, the Food and Drug Administration, and others. The rise of consumer activism, notably led by Ralph Nader, prompted legislative action. In 1972, President Richard Nixon signed legislation establishing the U.S. Consumer Product Safety Commission (CPSC), which was granted primary responsibility for consumer product safety by Congress.

This legislation recognized the need for a dedicated agency to address the numerous issues contributing to injuries and fatalities related to consumer products. Responsibilities previously handled by various organizations were consolidated within CPSC. Since its inception, the agency has been led by a bipartisan commission that sets policy and guides the work of dedicated staff. CPSC has provided essential oversight to improve product safety not only in the United States but also internationally. It is estimated that the agency's jurisdiction covers approximately 15,000 different consumer products.

From my perspective, CPSC being a stand-alone agency seemed to offer more opportunities to advance the safety of consumer products than being within a larger government bureaucracy. As a former long-standing employee of the CPSC, I observed firsthand the value of an agile and effective independent agency capable of promptly investigating product safety incidents and dealing with many multiple issues involving consumer safety at the same time. The committed field investigators and compliance staff, combined with epidemiological research and advanced laboratory capabilities, provided the critical data needed to improve safety standards and guide industry practices.

While there may be debate over whether this approach could succeed within a larger organizational framework with competing priorities, the bipartisan leadership of CPSC has sustained a focused commitment to consumer safety. Despite a relatively modest budget compared to larger agencies, CPSC staff have consistently achieved impactful results – whether through voluntary recalls, the development of consensus standards, collaborations with industry and consumer groups, or the evolution of regulations in response to emerging risks.

Recognizing that product safety issues are international in scope, CPSC has also engaged with global and regional regulators internationally through regular communications and training to streamline efforts, reduce duplication, and strengthen global safety schemes.

Throughout its history, CPSC has fostered collaboration and provided valuable training opportunities for both industry and consumer advocates. The agency adapted quickly to emerging challenges, such as expediting safety investigations through a fast-track recall process and establishing networks of import inspectors at ports of entry, acknowledging that a significant share of consumer products are imported. CPSC’s ability to swiftly respond to safety issues as evidenced by the passing of the CPSIA in 2008 and facilitate stakeholder engagement to meet the new requirements in an expedited manner further shows how the CPSC has helped shape proactive strategies to prevent injuries and save lives over its 50-year history.

As discussions consider the potential restructuring of CPSC to revert to its original organizational model within a cabinet agency, it is important to reflect on the agency’s achievements over the past fifty years. While operating within a broader organizational framework can enhance efficiencies—such as outsourcing certain administrative functions – CPSC has effectively managed its limited staffing and budget constraints over the years and has adapted accordingly. Throughout this time, CPSC has outsourced various administrative and compliance monitoring functions to third parties, enabling staff to focus on its primary mission: protecting consumers and reducing injuries.

Similarly, compliance professionals adapt to their environment and, as a team responsible for consumer product safety, continue to fulfill their duties despite resource limitations.

Regardless of the organizational structure CPSC ultimately adopts, I, along with many others in the product safety community, firmly believe that consumer product safety will remain a critical priority. Issues such as product liability, increasing state-level regulations, and brand protection are unlikely to diminish.

From my earliest days at CPSC, the staff who worked at the Commission had an endless supply of passion and enthusiasm to help make consumer products safer thereby reducing the potential for consumer injuries. This advocacy continues to this day and hopefully won’t change in the future. Without the dedicated staff advancing product safety the world loses. While we await the outcome of CPSC’s future organizational arrangements, I wish continued success to its staff and the entire product safety community in advancing safety initiatives globally. Only through continued collaboration of all product safety stakeholders are we able to achieve maximum success on behalf of consumer safety.