The CPSC regulates the manufacture and sale of more than 15,000 different consumer products, from
cribs to
all-terrain vehicles. Products excluded from the CPSC’s jurisdiction include those specifically named by law as under the jurisdiction of other federal agencies. For example, on-road automobiles are regulated by the
National Highway Traffic Safety Administration, guns are regulated by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives, and drugs are regulated by the
Food and Drug Administration. The CPSC fulfills its mission by banning dangerous consumer products, establishing safety requirements for other consumer products, issuing recalls of products already on the market, and researching potential hazards associated with consumer products. In part due to its small size, the CPSC attempts to coordinate with outside parties—including companies and consumer advocates—to leverage resources and expertise to achieve outcomes that advance consumer safety.
Recalls The aspect of CPSC’s work that most U.S. citizens might recognize is the “recall,” formally a “corrective action” in which a company develops a “a comprehensive plan that reaches throughout the entire distribution chain to consumers who have the product” and addresses a potential or alleged failure of a product. Recalls are nearly always voluntary. While many recalls involve consumers returning consumer products to the manufacturer for a replacement or, more rarely, a refund, recalls have also involved tasks such as instructing users on how to clean an item or publishing a software patch. Most recalls recover very few consumer products, for a variety of hypothesized reasons. Industry and consumer advocates are often at odds over whether recalls need to be more effective, as many consumers may simply discard products that are the subject of recalls. Whether a consumer learns of a recall in the first place is a different question. One commissioner has called for companies to spend as much on recall advertising as the companies do on their advertising of the products before recalls.
Rulemaking and enforcement The CPSC makes rules about consumer products when it identifies a consumer product hazard that is not already addressed by an industry
voluntary consensus standard, or when Congress directs it to do so. Its rules can specify basic design requirements, or they can amount to product bans, as in the case of small high-powered magnets, which the CPSC attempted to ban. For certain infant products, the CPSC regulates even when voluntary standards exist. The CPSC is required to follow a rigorous, scientific process to develop mandatory rules. Failing to do so can justify the revocation of a rule, as was the case in a Tenth Circuit decision vacating the CPSC’s ban on small high-powered magnets. Since February 2015, the average civil penalty has been $2.9 million. In April 2018,
Polaris Industries agreed to pay a record $27.25 million civil penalty for failing to report defective
off-road vehicles.
Information gathering and sharing The CPSC learns about unsafe products in several ways. The agency maintains a consumer hotline through which consumers may report concerns about unsafe products or injuries associated with products. Product safety concerns may also be submitted through SaferProducts.gov. The agency also operates the National Electronic Injury Surveillance System (NEISS), a probability sample of about 100
hospitals with 24-hour
emergency rooms. NEISS collects data on consumer product related injuries treated in
ERs and can be used to generate national estimates. The agency also works with and shares information with other governments, both in the U.S. (with states and public health agencies) and with international counterparts. The CPSC works on a variety of publicity campaigns to raise awareness of safety. For example, the CPSC annually blows up
mannequins to demonstrate the dangers of improper use of fireworks. On
Twitter and
Bluesky, the CPSC has made extensive use of
PSA images done in a crude
surrealist style, usually consisting of various
stock images put together. On September 20, 2023, the CPSC released an album containing PSA songs in various styles. In connection with the U.S. swimming season (the northern hemisphere’s summer, roughly May to September), the CPSC conducts the “Pool Safely” campaign to prevent drowning through methods such as building fences and supporting education programs. Other efforts include attempts to prevent suction entrapment, which can kill by trapping a swimmer underwater, by eviscerating a swimmer’s internal organs (when a suction tube lacks a cover), or otherwise. The CPSC has authorities under the
Virginia Graeme Baker Pool and Spa Safety Act. ==Budget and staff==