Letter to The Honorable Alexander Hoehn-Saric, Chairman, Consumer Product Safety Commission (July 25, 2024)

Summary

In this July 25, 2024 letter to Consumer Product Safety Commission Chairman Alexander Hoehn-Saric, the House Committee on Small Business states that it is investigating CPSC Commissioner Richard Trumka's unilateral actions that have damaged small businesses and could be in violation of the Consumer Product Safety Act. The letter describes an April 15, 2024 public statement on weighted infant swaddles and blankets and letters to Target, Walmart, Nordstrom, and Babylist, and says that naming manufacturers appears to violate the Act's disclosure requirements. It requests, by August 8, 2024, copies of all letters sent by Trumka on CPSC letterhead from January 2021 until present and of all amendments and rules proposed. The signature block names Roger Williams, Chairman.

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Full text

                                                July 25, 2024

The Honorable Alexander Hoehn-Saric
Chairman
Consumer Product Safety Commission
4330 East-West Highway
Bethesda, MD 20814

Dear Chairman Hoehn-Saric:

       The House Committee on Small Business (Committee) is investigating CPSC
Commissioner Richard Trumka’s unilateral actions that have damaged small businesses and
could be in violation of the Consumer Product Safety Act (CPSA). The actions taken by
Commissioner Trumka, have had and will continue to have a significant impact on small
businesses.

        Commissioner Trumka’s actions have caused immense harm to small businesses by
publicly encouraging retailers to stop selling the businesses’ products. Since his appointment by
President Biden in 2021, not only has he pushed forward unnecessary burdensome regulations,
but he has also acted unilaterally noting that “we do not have to wait for a federal rule” to take
certain actions against businesses and products he thinks are harmful.1 This statement came after
Commissioner Trumka’s proposed rule to make weighted infant sleep products standards
unnecessarily burdensome was rejected by the CPSC by a 3-1 vote. At the time, you, the
Chairman of the CPSC, noted the CPSC had not conducted enough research to pursue
rulemaking on the issue in 2024.2 However, despite losing the vote and the lack of research,
Commissioner Trumka continued his pursuit to ban certain sleep weight products. On April 15,
2024, he issued a solo public statement: “Beware: Weighted Infant Swaddles and Blankets are
Unsafe for Sleep; Retailers Should Consider Stopping Sales,” condemning the weighted sleep
products.3 This statement was published on CPSC’s official website and Commissioner Trumka
signed the statement as “Your consumer advocate at the Consumer Product Safety
Commission.”4

1
  Public Statement from Commissioner Richard L. Trumka Jr., Consumer Product Safety Commission, Beware:
Weighted Infant Swaddles and Blankets Are Unsafe for Sleep; Retailers Should Consider Stopping Sales (Apr. 15,
2024).
2
  NCLA Plans to Sue CPSC over Comm’r Trumka’s Illegal Efforts to Stop Sales of Weighted Sleep Sacks, NCLA
(May 9, 2024).
3
  Public Statement from Commissioner Richard L. Trumka Jr., Consumer Product Safety Commission, Beware:
Weighted Infant Swaddles and Blankets Are Unsafe for Sleep; Retailers Should Consider Stopping Sales (Apr. 15,
2024).
4
  Id.
The Honorable Alexander Hoehn-Saric
July 25, 2024
Page 2 of 4


        That same day, Commissioner Trumka sent letters to Target, Walmart, Nordstrom, and
Babylist to urge them to stop selling weighted infant products.5 Within days, these retailers
stopped selling the products. Making matters even worse, after these letters, Commissioner
Trumka issued another public statement describing how he made Target, Walmart, Nordstrom,
and Babylist to stop selling weighted blankets and reminding the public not to use the
“dangerous” weighted sleep products.6 Commissioner Trumka used the CPSC’s official
letterhead—giving an appearance of presenting the CPSC’s views—and signed the letters
himself.

        Further, Commissioner Trumka publicly disclosed information about the manufacturers’
identity. Both in his public statements and in his letters to retailers, Commissioner Trumka cites
a Washington Post article to support his allegations about the so-called dangers of weighted sleep
products.7 This Washington Post article clearly names Dreamland and Nested Bean as
manufacturers of the alleged dangerous weighted blankets.8 These two businesses were singled
out in the article and mentioned multiple times by name. Naming the manufactures in this
manner seems to be a violation of the CPSA’s requirements which prohibit the CPSC from
disclosing information about a consumer product that identifies a manufacturer or private labeler
unless it has taken “reasonable steps” to assure that 1) the information is accurate; 2) disclosure
of the information is fair in the circumstances; and 3) disclosure of the information is reasonably
related to effectuating the purposes of the CPSA and of the other laws administered by the
CPSC.9 Before disclosing such information about a consumer product, the CPSA requires the
CPSC to provide the manufacturer or private labeler with an opportunity to comment on the
accuracy of the information. Further, the CPSC must wait at least fifteen days after sending it to
the company for comment, before disclosing any information.10

        Commissioner Trumka failed to take “reasonable steps” to meet the requirements of the
statute before he disclosed the identities of the manufacturers of the weighted blankets. First, he
failed to ensure that the information is accurate. Next, he made allegations without the
information being backed up by scientific research. For example, in the letters to the retailers,
Commissioner Trumka stated, “I am aware of multiple infant deaths involving weighted
infant.”11 However, there is no citation to prove this very serious claim. Third, his assertions go
directly against the CPSC’s decision and thus “disclosure of the information is” not “reasonably
related to effectuating the purposes of the CPSA.”12 Furthermore, Commissioner Trumka
admitted that he “tried to amend CPSC’s operating plan to start work on a rule to protect babies

5
  Letter from Richard Trumka, Commissioner, Consumer Product Safety Commission, to Target, Walmart,
Nordstrom, and Babylist (Apr. 26, 2024).
6
  Public Statement from Commissioner Richard L. Trumka Jr., Consumer Product Safety Commission, Target,
Walmart, Nordstrom, and Babylist Commit to Stop Selling Weighted Infant Products (Apr. 26, 2024).
7
  Lauren Kirchner, Weighted Blankets are Dangerous for Babies, Doctors Warn, THE WASH. POST (Jan. 22, 2024).
8
  Id.
9
  Id.
10
   Id.
11
   Letter from Richard Trumka, Commissioner, Consumer Product Safety Commission, to Target, Walmart,
Nordstrom, and Babylist (Apr. 26, 2024).
12
   Id.
The Honorable Alexander Hoehn-Saric
July 25, 2024
Page 3 of 4

from weighted products but was unable to garner the necessary support at that time.”13 Without
support from the CPSC, the information can hardly be reasonably related to effectuate the
purposes of the CPSA. Overall, it seems Commissioner Trumka did not establish “procedures
designed to ensure that such information is accurate and not misleading.”14

        Commissioner Trumka uses four sources for his claims: CPSC, Centers for Disease
Control and Prevention (CDC), National Institutes of Health (NIH), and American Academy of
Pediatrics (AAP). However, there is no actual data or evidence that these sources are using when
alleging that weighted sleep products are dangerous. Both the CDC’s and NIH’s citations refer to
general sleep safety websites with multiple recommendations on how to help babies sleep
safely.15 None of the websites referenced provide any evidence or research to support his claims.
For example, in AAP’s letter to the CSPC, they did not state facts but only beliefs: “AAP
believes these weighted swaddles and related products are unsafe for infants and does not
recommend these products.”16 The only evidence the AAP uses is “preliminary, non-peer-
reviewed data” and even they admit that there is a “lack of substantial evidence about the
possible harms of weighted sleep products.”17 Further, as far as the Committee is aware,
Commissioner Trumka failed to provide manufacturers with an opportunity to comment on the
accuracy of the information, as is required by statute.

        Commissioner Trumka’s war against weighted sleep products is not the only time he has
taken unilateral actions to advance his own agenda, misusing his position as a Commissioner.
Trumka also attempted to ban gas stoves. In October 2022, Trumka pushed for greater regulation
of gas stoves but did not receive support from any other commissioner. Even after the lack of
support, in an interview with Bloomberg, Trumka referred to gas stoves as “hidden hazards” and
said a ban on gas stoves is on the table.18 However, Chairman Hoehn-Saric said, “to be clear, I
am not looking to ban gas stoves and the CPSC has no proceeding to do so.” 19 Trumka’s
comments received pushback not only from industry groups but also from both the Senate and
the House. The pushback is not surprising since 40 percent of homes in the U.S. use gas stoves,
which means that gas stoves are estimated to be installed in at least 40 million U.S. residences.20
Senate Energy and Natural Resources Chairman Joe Manchin III, said that any regulation would
be “a recipe for disaster.”21 Senator Manchin continued: “The federal government has no

13
   Public Statement from Commissioner Richard L. Trumka Jr., Consumer Product Safety Commission, Beware:
Weighted Infant Swaddles and Blankets Are Unsafe for Sleep; Retailers Should Consider Stopping Sales (Apr. 15,
2024).
14
   Consumer Product Safety Act, 15 U.S.C. §§ 2051-2089, 6(b)(6).
15
   Safe Sleep Environment for Baby, Nat’l Inst. of Health (last visited Jun. 26, 2024),
https://safetosleep.nichd.nih.gov/reduce-risk/safe-sleep-environment; Center for Disease Control and Prevention,
Helping Babies Sleep Safely (last visited Jun. 25, 2024), https://www.cdc.gov/reproductive-health/features/babies-
sleep.html?CDC_AAref_Val=https://www.cdc.gov/reproductivehealth/features/baby-safe-sleep/.
16
   Letter from Sandy L. Chung, President, American Academy of Pediatrics, to Alexander Hoehn-Saric and Donald
Mays, Chairman and Chair, U.S. Consumer Product Safety Commission and F15 Committee on Consumer Products
(Jun. 15, 2023).
17
   Id.
18
   Ari Natter, US Safety Agency to Consider Ban on Gas Stoves Amid Health Fears, BLOOMBERG (Jan. 9, 2023).
19
   David Jordan, After Backlash, Safety Commission Says Gas Stove Ban Unlikely, ROLL CALL (Jan. 11, 2023).
20
   Ari Natter, US Safety Agency to Consider Ban on Gas Stoves Amid Health Fears, BLOOMBERG (Jan. 9, 2023).
21
   David Jordan, After Backlash, Safety Commission Says Gas Stove Ban Unlikely, ROLL CALL (Jan. 11, 2023).
The Honorable Alexander Hoehn-Saric
July 25, 2024
Page 4 of 4

business telling American families how to cook their dinner…If this is the greatest concern that
the Consumer Product Safety Commission has for American consumers, I think we need to
reevaluate the commission.”22 House Energy and Commerce Chairwoman Cathy McMorris
Rodgers called this attempt the latest “in a long line of power grabs.”23 She continued, “It is not
about public safety… It is about telling the American people the federal government knows best
and will decide what kind of car they can drive, how they can heat their house, and now how
they’re allowed to cook food for their families.”24

       The Committee is concerned that a single CPSC Commissioner is exerting undue
pressure on entities and forcing them to improperly remove small business’ products from their
shelves to the detriment of those small businesses. Small businesses deserve a chance to fairly
compete in the marketplace without undue influence from the federal government—whether that
be through rulemaking or letters from a rogue CPSC Commissioner. America’s small businesses
deserve to have their voices heard and considered. We therefore request the following
information as soon as possible but no later than August 8, 2024:

      1. A copy of all letters sent by Commissioner Trumka on CPSC letterhead from January
         2021 until present.

      2. A copy of all amendments and rules proposed by Commissioner Trumka from January
         2021 until present.

       To schedule the delivery of your response, or ask any related follow-up questions, please
contact the Committee on Small Business Majority Staff at (202) 225-5821. The Committee on
Small Business has broad authority to investigate “problems of all types of small business” under
House Rule X. Thank you in advance for your cooperation with this inquiry.

                                         In God We Trust,




                                      Roger Williams
                                          Chairman
                                  Committee on Small Business


cc:      The Honorable Nydia M. Velázquez, Ranking Member
         Committee on Small Business




22
   Id.
23
   Id.
24
   Id.


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