In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers to stop selling weighted infant sleep products. On August 30, 2024, following public outcry over Commissioner Trumka’s statements, CPSC Commissioners Peter A. Feldman and Douglas Dziak published a statement rejecting a request by Dreamland Baby, a weighted sleep sack company, that CPSC retract Commissioner Trumka’s statements.
Notably, Commissioners Feldman and Dziak did not express support for Commissioner Trumka’s statements. Rather, they explained, “The relief sought by Dreamland Baby in this matter raises separate concerns, particularly with respect to the remedy, which requires a retraction ‘in a manner equivalent’ to the original method of dissemination.” They expressed concerns that retraction “in a manner equivalent” to the original method of dissemination could compel retractions on Commissioner Trumka’s letterhead and social media accounts. Commissioners Feldman and Dziak noted that they have “seen other independent agencies attempt censorship of the minority views of its commissioners and are aware of how these efforts contribute to concerns about the honesty and integrity of the senior leadership at those agencies.”
As we previously reported, after Commissioner Trumka failed to gain support for a mandatory standard for weighted infant sleep products, he issued a unilateral statement on official CPSC letterhead titled “Beware: Weighted Infant Swaddles and Blankets are Unsafe for Sleep; Retailers Should Consider Stopping Sales.” He also posted on various social media channels and sent letters to multiple retailers of wearable blankets and swaddles, warning them to stop selling these products immediately.
Following Commissioner Trumka’s actions, manufacturers of weighted infant swaddles and blankets stated that their sales dropped drastically. Major retailers like Nordstrom, Amazon, and Maisonette stopped selling these products altogether.
In May 2024, the New Civil Liberties Alliance (NCLA) threatened to sue CPSC and Commissioner Trumka for his disparaging statements. Though no lawsuit has been filed to date, NCLA sent CPSC a formal letter in July 2024, asking CPSC to retract Commissioner Trumka’s statements. NCLA explained:
CPSC is supposed to study safety questions and obtain supporting data before acting. Instead, without taking such mandatory steps, it told Americans not to use infant weighted sleep products. Worse yet, Commissioner Trumka issued disparaging statements to the public and to retailers creating the false impression that the Commission has made a determination regarding weighted infant sleep products’ safety when it has not. In fact, the Commission admitted last fall that it did not have the data necessary to regulate these products. CPSC has no power to act, unless it follows the processes prescribed by the Consumer Product Safety Act, which it did not do here. The public interest is not served when government agencies and officers ignore the law.
NCLA has not yet responded to Commissioners Feldman and Dziak’s denial of NCLA’s request. If NCLA files suit and the case progresses, industry members hope it will clarify the scope of individual CPSC commissioners’ authority. We will continue to monitor the case and provide ongoing updates.