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| 1 minute read

Here's my first prediction for 2023: CPSC will aggressively enforce, penalize, and litigate against consumer product manufacturers.

To be fair, this really isn't much of a prediction on my part. The new operating plan published by the Consumer Product Safety Commission ("CPSC") states in no uncertain terms that the agency will not only continue to levy civil penalties for product safety violations, but it will also evaluate those cases for possible referral to the Department of Justice for criminal prosecution of corporate offenders. This is an extension of the CPSC's aggressive recent policies designed to deter future misconduct by consumer product manufacturers. 

Beyond enforcement, CPSC plans to tackle hazards associated with per- and polyfluoroalkyl substances (PFAS) in textiles and children’s products, air quality hazards associated with gas stove emissions, and rulemaking aimed at improving the agency’s ability to share product hazard information with the public. In 2022 the CPSC passed 12 mandatory standards, proposed 23 final rules, and banned inclined and other infant sleep products. The agency levied four civil penalties totaling $32 million, initiated litigation against multiple product manufacturers, and conducted more than 60,000 product screenings at ports of entry and removed nearly 19 million non-compliant or unsafe items from commerce.

So, while it may be true that nothing in life is certain except death and taxes, I think it is safe to predict that the CPSC will be even more active in 2023.

The US Consumer Product Safety Commission (CPSC) will take a hard and fast approach to product safety in FY23, according to its recently passed operating plan, with enforcement being at the top of its priority list.


consumer product safety, cpsc, litigation