Welcome to the February edition of the Alston & Bird CPSC Recall Snapshot.

This month, CPSC Chairman Elliot Kaye announced that the CPSC will not follow President Trump’s Executive Order requiring two regulations be cut for each new rule passed by government agencies. Chairman Kaye explained that the Executive Order does not cover independent agencies such as the CPSC. Further, while the CPSC typically seeks to further the goals of the President’s Executive Orders, it does so only when they advance public policy considerations and do not conflict with the CPSC’s public health and safety mission. Chairman Kaye indicated this particular Executive Order “clearly fails” to meet those considerations. Specifically, Chairman Kaye explained that “to voluntarily follow [the Executive Order] would lead to poor public policy decisions by ignoring the many necessary benefits provided by consumer protections that save lives and protect all of America’s families. It would also be counter to our safety mission, as it would cruelly and unfairly have us pit vulnerable populations against each other when it comes to making safety decisions.”