On March 7, 2024, the U.S. Senate confirmed Doug Dziak as a Commissioner of the Consumer Product Safety Commission (CPSC), filling the final Commissioner seat that has remained vacant since Commissioner Dana Baiocco’s resignation on October 5, 2022. Even with this confirmation of Commissioner Dziak—a Republican—the Democratic Commissioners retain a 3-2 majority on the CPSC. President Biden was obligated to fill the seat with a Republican, as no more than three Commissioners may belong to the same party, and Democrats already held a 3-1 majority when he nominated Dziak in March 2023.
Commissioner Dziak is no stranger to the CPSC and the consumer product regulatory landscape. He has served as Chief Counsel to Commissioner Peter Feldman since 2021 and, prior to his time at the CPSC, he held senior staff roles with multiple senators. Commissioner Dziak’s term will end later this year on October 27, 2024, but because he is filling the remainder of Commissioner Baiocco’s term, he may continue to serve as a “hold-over” Commissioner for a year until October 27, 2025. He may also continue to serve if he is reappointed after his term expires.
Given that the Democratic majority at the Commission remains intact, we expect the CPSC to continue its aggressive enforcement activity and push Congress for more enforcement authority. We expect to see this trend continue absent an administration change in the upcoming election.
Our Product Life Cycle Group will continue to provide updates on CPSC compliance and enforcement trends.