	Introduction

The Consumer Product Safety Commission (CPSC or Commission) was established in 1972 by the Consumer Product Safety Act (CPSA) "to protect the public against unreasonable risks of injury associated with consumer products," primarily after they have entered the stream of commerce. The CPSC is empowered to meet this objective through a blend of consumer monitoring, research, investigations, safety standard-setting, and enforcement powers. Although the CPSC has the authority to issue mandatory consumer product safety rules under some circumstances, in most instances, the CPSA requires the Commission to defer to "voluntary consumer product safety standards" that are predominately drafted and developed by private industry. Furthermore, any entity that is adversely affected by such an order can challenge the action in federal court. Consequently, in most circumstances, the Commission generally attempts to negotiate voluntary actions with companies to correct product hazards upon mutually acceptable terms before initiating an involuntary recall order. The term "consumer products" includes products that are manufactured domestically, as well as hundreds of billions of dollars' worth of products that are manufactured outside of the U.S. and imported into the country each year. The CPSC estimates that covered consumer products play a role in over $1 trillion of costs to the country annually in the form of deaths, illnesses, injuries, and property damage. Given this broad statutory mandate and the impact consumer products have on the day-to-day lives of the general public, the CPSC has been of perennial interest to Congress. Congress conducts oversight hearings on the Commission, and bills that would affect the CPSC are introduced in virtually every Congress. In the 115 th Congress, for example, bills have been introduced that would expand the Commission's regulatory jurisdiction and require the Commission to promulgate mandatory safety rules involving certain products. This report provides a legal overview of the CPSC's structure, jurisdiction, and statutory powers under the CPSA, as amended. Finally, the report analyzes the Commission's enforcement powers, including the requirement under the CPSA that companies self-report certain product risks to the Commission; the Commission's ability to inspect products for compliance with the CPSA; the various corrective actions the Commission may either initiate or agree to as part of a negotiation with a company; the Commission's rarely used authority to designate a product an "Imminently Hazardous Consumer Product"; and the civil and criminal penalties to which violators of the CPSA may be subject. The term is multifaceted and broad in scope, although a number of products that generally are regulated by other federal agencies are explicitly carved out of the definition. The CPSC, thus, has jurisdiction over approximately 10,000 types of products from baby strollers, cribs, and bath seats, to cigarette lighters and matchbooks, to lawn mowers, garage door openers, and television antennas, to name a few.
The Consumer Product Safety Commission (CPSC or Commission) was established in 1972 by the Consumer Product Safety Act (CPSA) "to protect the public against unreasonable risks of injury associated with consumer products." The CPSC is empowered to meet this objective through a blend of consumer monitoring, research, investigations, safety standard-setting, and enforcement powers. The Commission's jurisdiction under the CPSA is largely governed by the definition of "consumer product," which is broad in scope, although a number of products that generally are regulated by other federal agencies are explicitly carved out of the definition. The term includes products that are manufactured domestically, as well as hundreds of billions of dollars' worth of consumer products that are manufactured outside of the U.S. and imported into the country each year. It encompasses over approximately 10,000 types of products from baby strollers, cribs, and bath seats, to cigarette lighters and matchbooks, to lawn mowers, garage door openers, and television antennas, to name a few. The CPSC estimates that covered consumer products play a role in over $1 trillion of costs to the country annually in the form of deaths, illnesses, injuries, and property damage.
Given this broad statutory mandate and the impact consumer products have on the day-to-day lives of the general public, the CPSC has been of perennial interest to Congress. Congress conducts oversight hearings on the Commission, and bills that would affect the CPSC are introduced in virtually every Congress. In the 115th Congress, for example, bills have been introduced that would expand the Commission's regulatory jurisdiction and require the Commission to promulgate mandatory safety rules involving certain products.
This report provides a legal overview of the CPSC's structure, jurisdiction, and statutory powers under the CPSA.
Key Takeaways of This Report
While the CPSC has the authority to issue mandatory consumer product safety rules under some circumstances, in most instances, the CPSA requires the Commission to defer to "voluntary consumer product safety standards" that are predominately drafted and developed by private industry. Although the Commission has authority to order companies to engage in various corrective actions (i.e., recalls) to address hazardous consumer products, the Commission generally may only exercise this authority after conducting an administrative hearing, and any entity that is adversely affected by such an order can challenge the action in federal court. Consequently, in most circumstances, before initiating an involuntary corrective action order, the Commission will attempt to negotiate voluntary actions the company can take to correct product hazards. The CPSA, among other things, makes it unlawful to sell, distribute, or import consumer products that are not in compliance with a CPSC-issued safety rule or corrective action order. Violations of the CPSA can result in civil and criminal penalties.