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CPSC Regulatory Updates (June 2025)

By Cheryl A. Falvey & Eryn Howington on July 11, 2025
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The Consumer Product Safety Commission (CPSC) has been in the media this month following the reinstatement of the three democratic CPSC commissioners (i.e., Mary Boyle, Richard Trumka Jr., and Alexander Hoehn-Saric) by the U.S. District Court for the District of Maryland. As discussed below, the democratic CPSC commissioners have advanced their majority agenda while their status and reinstatement winds its way through the court system. CPSC action remains strong on recall execution and the agency is soliciting information on several topics including their August priorities hearing, rulemaking and reducing regulatory burdens. Recall announcements for this month include those for: infant sleep products and highchairs, electric blankets, battery-powered tools and small appliances, pool covers and other equipment, and more.

Commission News

CPSC Highlights the Safety of Older Americans During National Safety Month

  • This month, the CPSC announced the results of a recent enforcement sweep targeting adult portable bed rails, which can pose deadly entrapment and strangulation hazards when they do not comply with federal safety standards. In doing so, CPSC secured remedies for consumers in multiple recalls, totaling more than 95,000 units. On June 4, 2025, the CPSC issued a press release praising the enforcement action, since consumer products present significantly higher injury risks to older Americans (i.e., sending over 3 million seniors to the hospital each year). The announcement goes on to encourage safety measures to prevent tragic injuries and deaths, including checking for bed rail recalls, installing handrails on both sides of any stairs and grab bars in the bathroom, not wearing loose clothing while cooking, etc.).

CPSC Provides Important Safety Tips This Pool Season as Americans Dive into Summer

  • On June 5, 2025, the CPSC issued a press release providing important safety tips as pool season approaches, including: never leaving a child unattended in or near water; always designate a Water Watcher; install pool protection systems like covers or door alarms to prevent unwanted access to water; learn how to perform CPR on children and adults; keep children away from pool drains.

Acting Chairman Peter Feldman Announces Key Senior Staff Appointments

  • On June 11, 2025, Acting Chair Peter Feldman issued a statement announcing key senior staff appointments. Trip DeMoss joined Feldman’s office as Senior Counsel and White House Liaison. Tripp was an attorney at Balch & Bingham LLP. Tripp’s career spans well over a decade between private civil litigation practice and government facing work, including as a legislative assistant for Congressman Dennis Ross, as legislative counsel for Congressman Ted Yoho, and as a Legislative Officer in the U.S. Department of Labor Office of Congressional and Intergovernmental Affairs during the first Trump Administration. Noah Vehafric joined as Special Assistant to Acting Chair Feldman. Prior to joining CPSC, he was an associate at Axadvocacy, a public relations firm, and also served in roles at the Heritage Foundation and Americans for Tax Reform.

Commissioner Statement of Richard Trumka: In a Great Victory for the Safety of American Consumers, Court Reinstates Illegally Fired CPSC Commissioners

  • On June 13, 2025, Commissioner Richard Trumka issued a statement highlighting the US District Court of Maryland’s decision that reinstated the Democratic Commissioners to their seats.  Trumka stated his priorities going forward include “advancing new solutions to hazards like lithium-ion battery fires from e-bikes, water-beads that poison our kids or block their intestines, button batteries that escape from toys and burn through kids’ throats, infant-rockers shaped like the deadly Rock N’ Play, and so many more product hazards.”

Commissioner Statement of Richard Trumka: CPSC Restores Consumer Protections and Worker Protections

  • On June 18, 2025, Commissioner Trumka issued a statement that CPSC had voted to advance several urgent priorities to protect Americans from harm. These include among others: republication of the safety standard to address lithium-ion battery fire issues, enacting agency policy that blocks “Reductions in Force” without full Commission approval, set a vote on a budget to send to Congress.

CPSC Urges Fireworks Safety Ahead of July 4th Holiday

  • On June 25, 2025, the CPSC published important safety tips urging consumers to prioritize firework safety around the Fourth of July holiday. In 2024, there were 11 reported fireworks-related fatalities and an estimated 14,700 consumers were injured by fireworks last year. Adults 25 to 44, account for the largest share of reported injuries (32%), followed by ages 15 to 24 (24%). The most frequently injured body parts were hands and fingers (36%) and head, face, and ears (22%). Burns were the most common injury, making up 37% of all emergency room visits. Safety tips include never allowing youth to play with or ignite fireworks, keeping a bucket of water or garden hose handy, confirming fireworks are legal in your area, lighting fireworks one at a time then move back quickly and more.

Substantive Safety Reports

2025 Report – Pool or Spa Submersion: Estimated Nonfatal Drowning Injuries and Reported Drownings

  • The CPSC published a 2025 report detailing an average of 6,300 pool- or spa-related, hospital emergency department-treated, nonfatal drowning injuries per year between 2022 and 2024. Additionally, the report indicates an average of 357 pool- or spa-related fatal drownings were reported annually between 2020 and 2022, all involving children under 15.

Rulemaking

Proposed Safety Standard for Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries

  • On June 20, 2025, the CPSC re-noticed a proposed rule to address potential risks associated with the use of micromobility products. Under the proposed rule a “micromobility product” would include lithium-ion battery-powered vehicles, eBikes, eScooters, self-balancing scooters (such as Hoverboards), eSkateboards, eUnicycles, and hybrids of these products.  The rule would apply to lithium-ion batteries used in micromobility products, the electrical systems of micromobility products containing such batteries, all components that make up an electrical system (i.e. lithium-ion batteries, battery management systems, chargers, and any other electrical component), and individual lithium-ion batteries that can be used to replace the battery in a micromobility product (i.e. “user replaceable battery packs” and conversion kits).

Request for Information on Reducing Regulatory Burdens

  • On June 12, 2025, the CPSC published a notice of request for information inviting public comment on opportunities for the Commission to reduce burdens and costs of its existing rules, regulations, or practices without impacting safety.

Upcoming Calendar Items of Interest

  • July 16, 2025: Office Hours with CPSC e-Filing Team
  • August 27, 2025: Commission Agenda and Priorities Hearing

Other

Agency Information Collection Activities; Extension of Collection; Comment Request; Requirements Pertaining to Third Party Conformity Assessment Bodies

  • On June 10, 2025, the CPSC requested comment on a proposed extension of approval of information collection requirements pertaining to third party conformity assessment bodies. The Office of Management and Budget (OMB) previously approved the collection of information under control number 3041-0156. OMB’s most recent extension of approval will expire on September 30, 2025. The Commission will consider all comments received in response to this notice before requesting an extension of this collection of information from OMB.

Agency Information Collection Activities; Extension of Collection; Comment Request; Standard for Omnidirectional CB Base Antennas

  • On June 13, 2025, the CPSC published a notice of information collection that requests comments on a proposed extension of approval of information collection requirements associated with the Safety Standard for Omnidirectional Citizens Band Base Station Antennas. The Office of Management and Budget (OMB) previously approved the collection of information under control number 3041-0006. OMB’s most recent extension of approval will expire on September 30, 2025. The Commission will consider all comments received in response to this notice before requesting an extension of this collection of information from OMB.

Agency Information Collection Activities; Proposed Collection; Carbon Monoxide Poisoning Prevention Grant Program Application

  • On June 13, 2025, the CPSC announced that the Commission has submitted to the Office of Management and Budget (OMB) a request for approval of a new information collection. The collection is for an application by which potential grant recipients may request funding under CPSC’s Carbon Monoxide Poisoning Prevention Grant Program (COPPGP). The COPPGP provides funds for state, local and tribal governments to reduce the number of injuries and deaths from carbon monoxide poisoning. On March 11, 2025, CPSC published a notice in the Federal Register to announce the agency’s intention to seek approval of the collection of information. The Commission received one comment in support of the collection. By publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for that collection of information.

Agency Information Collection Activities; Proposed Collection; Pool Safety Grant Program Application

  • On June 13, 2025, the CPSC announced that the Commission has submitted to the Office of Management and Budget (OMB) a request for approval of a new information collection. The collection is for an application by which potential grant recipients may request funding under CPSC’s Pool Safely Grant Program (PSGP). The PSGP provides funds for state, local and tribal governments for education, training and enforcement of pool safety requirements intended to save lives from drowning in swimming pools and spas. On March 11, 2025, CPSC published a notice in the Federal Register to announce the agency’s intention to seek approval of the collection of information. The Commission received one comment in support of the collection. By publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for that collection of information.

Agency Information Collection Activities; Extension of Collection; Comment Request; Safety Standard for Automatic Residential Garage Door Operators

  • On June 23, 2025, the CPSC requested comments on a proposed extension of approval of information collection requirements associated with the Safety Standard for Automatic Residential Garage Door Operators. The Office of Management and Budget (OMB) previously approved the collection of information under control number 3041-0125. OMB’s most recent extension of approval will expire on September 30, 2025. The Commission will consider all comments received in response to this notice before requesting an extension of this collection of information from OMB.

CPSC’s published recalls for this month can be found at https://www.cpsc.gov/Recalls.

Photo of Cheryl A. Falvey Cheryl A. Falvey

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with…

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.

An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.

She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children’s Online Privacy Protection Act, the FTC’s Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal’s 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm’s D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.

Read more about Cheryl A. FalveyEmailCheryl's Linkedin Profile
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Photo of Eryn Howington Eryn Howington
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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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