Trump Fires Democratics on Consumer Product Safety Commission: What’s Next for Consumer Safety?

Background

CPSC is an independent government agency tasked with protecting the public from unreasonable risks of injury and death associated with consumer products. Established by Congress through the Consumer Product Safety Act (the “Act”) of 1972, CPSC sets and regulates safety standards for new products. CPSC is comprised of five Commissioners, nominated by the President and confirmed by the Senate for staggered seven-year terms, with no more than three Commissioners serving from the same political party.

The Commission reports to Congress and the President but operates independently of other federal departments or agencies. Under the Act, Commissioners can only be removed for “neglect of duty or malfeasance in office.”¹ This removal protection allows the Commission to function with a degree of independence from the White House, unlike typical executive agencies led by officials who serve at the President’s pleasure.

The Firings

On May 8, 2025, the Trump Administration fired Democratic Commissioners Mary T. Boyle, Alex Hoehn-Saric, and Richard Trumka Jr., despite their terms not expiring until October 27, 2025, October 27, 2027, and October 27, 2028, respectively. The firings followed a meeting between Department of Government Efficiency (“DOGE”) staffers and Acting Chair Peter Feldman at the agency’s Bethesda headquarters. After the meeting, Mr. Feldman emailed the Commissioners, seeking approval to hire two DOFE staffers, with a short deadline for response. The three Commissioners voted no, forming a majority to block the move. They also opposed any DOGE-directed layoffs and the restructuring of CPSC employees, including safety engineers, hazard analysts, and outreach staff responsible for educating manufacturers and consumers.

Boyle, Hoehn-Saric, and Trumka Jr. argued that the agency was already operating below its appropriated staffing levels, and further cuts would undermine critical safety work. “These terminations will inevitably result in emergency room visits or deaths that could and should be avoided,” stated Hoehn-Saric. Soon after, Boyle and Trumka Jr. received emails from the White House purporting to fire them from their positions. While Hoehn-Saric received no communications from the White House, he claims Acting Chair Feldman is preventing him from executing his duties as Commissioner based on the assertion that the President is also seeking his removal.

The firing came just days after Boyle, Hoehn-Saric, and Trumka Jr. voted to advance the proposed safety standard on lithium-ion batteries on April 30, 2025. These batteries have been linked to more than 20 fatal fires involving e-bikes and e-scooters. While supporting the proposal, the three Commissioners opposed Mr. Feldman’s motion to submit it to the Office of Information and Regulatory Affairs. Further, their opposition directly challenged a Trump-era executive order requiring White House review of all regulatory proposals – a directive the Commissioners say violates their statutory independence.

Statements and Legal Challenges

Boyle, Hoehn-Saric, and Trumka Jr. each issued separate statements related to their firing.

Commissioner Mary T. Boyle, who spent over a decade in senior positions at CPSC, released a statement emphasizing the importance of the agency’s independence. She stated, “[t]hrough statutory protections, Congress ensured that my decisions as an independent commissioner are protected – from pressure that could be exerted by wealthy donors and powerful interest groups. And from the administration in power.”

Commissioner Alex Hoehn-Saric, who formerly served as the Acting Chairman, released a statement expressing grave concerns about the impact of these actions on public safety. “By crippling core government functions, the Administration is making communities throughout this great nation less safe and life harder. . . President Trump’s action politicizes a critical independent safety agency that was structured by law to avoid such interference,” said Hoehn-Saric.

Commissioner Richard Trumka Jr. also released a statement noting the following: “If my illegal firing is allowed to stand, it will clear the way for the Administration and its lapdogs to cripple the lifesaving functions of this agency to benefit their wealthy donors.” He posted the statement on social media with the caption: “See you in court, Mr. President.”

All three fired Commissioners intend to challenge their firing in court.

Potential Future Changes to CPSC

The Act authorizes two commission members to form a quorum if there are only two Commissioners, but this is limited to the next six months. Therefore, the Commission is permitted to continue its operations with the current two Republican Commissioners: Peter Feldman, who was nominated by President Trump, and Douglas Dziak, who was nominated by former President Biden.

Nonetheless, it seems the Trump Administration has broader plans to restructure the Commission. A recently leaked proposed budget by Office of Management and Budget Director, Russell Vought, reveals that the Trump Administration is advancing a plan to dissolve the CPSC as an independent agency and integrate its functions into the Department of Health and Human Services (“HHS”). The draft budget proposes the creation of a new office within HHS, led by an “Assistant Secretary for Consumer Product Safety.” This new division would have an annual budget of $135 million, approximately 10 percent less than the current funding of $151 million. The Administration’s proposed budget reductions and restructuring plans for the CPSC could further affect its capacity to conduct inspections and enforce regulations.

The firing of all three Democratic Commissioners has raised important questions about the agency’s future and the broader implications for consumer protection. As the situation unfolds, it will be crucial to monitor the legal and operational impacts on the CPSC and its ability to fulfill its vital role in safeguarding consumer safety.

1. 15 U.S.C. § 2053(a). ↩︎

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