May 17, 2021

Volume XI, Number 137

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Commissioner Bob Adler Elected Vice-Chairman of the CPSC, Making Him Acting Chairman of the Agency

Late this afternoon it was confirmed that Commissioner Bob Adler was elected Vice-Chairman of the CPSC. Because there is no permanent CPSC Chairman at this time, Commissioner Adler will become the Acting Chairman of the agency until a permanent Chairman is confirmed. Commissioner Adler—a Democratic Commissioner—has served on the Commission since 2009.

Commissioner Adler was chosen by majority vote of his fellow Commissioners. The election of a Democratic Acting Chairman is a surprising choice for a Republican majority Commission. Commissioner Adler won the support of the present Acting Chairman Ann Marie Buerkle to secure a majority vote of the Commission. He will replace Acting Chairman Buerkle on October 1st. Acting Chairman Buerkle will be leaving the agency at the end of her term on October 27th.

Buerkle explained her decision to vote for Adler in a statement on Friday that emphasized Adler's  experience at the Commission. She stated "I think it is important that the temporary caretaker for the agency be the most experienced, most senior commissioner who has previously served in this role. This interim selection will keep the agency on course while the White House determines and nominates a new candidate for chairman." Buerkle ended her statement by noting "[c]onsumer protection is not political."

Upon Acting Chairman Buerkle’s departure in October, the Commission will have two Republican and two Democratic Commissioners, ending the current Republican majority less than a year after it began. The Trump administration will need to select a nominee to fill Buerkle’s seat on the Commission with a term ending in October 2025. The nominee could also be nominated to become the permanent Chairman of the agency or the Trump administration could consider Commissioners Feldman or Baiocco for the position.

Despite the upcoming election year, the Trump administration seems prepared to put forth a nominee to swing the Commission’s majority back to the Republicans. Now, with a Democratic Acting Chairman, one can only assume the Trump administration will hope it can get a nominee confirmed sooner rather than later.

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©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume IX, Number 257
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Charles Samuels Antitrust Attorney Mintz Levin Law Firm
Member

Chuck is an antitrust and regulatory lawyer who devotes a significant portion of his practice to assisting clients with consumer product safety and environmental regulations. He serves as general counsel to numerous trade associations. For the Association of Home Appliance Manufacturers, Chuck negotiated and drafted amendments to federal laws, including the Consumer Product Safety Act. Corporations in many industries, local governments, and state agencies are also on his client roster. He represents clients before a wide array of federal agencies, including the Consumer Product Safety...

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Shawn Skolky, Mintz Levin Law Firm, Washington DC, Corporate and Litigation Law Attorney
Associate

Shawn advises on many aspects of antitrust and competition law, including antitrust counseling, merger review, and private antitrust litigation, including class actions. His consumer product safety practice focuses on helping companies seeking representation on product safety reporting obligations, recalls, regulatory compliance, product safety investigations, and enforcement matters involving the Consumer Product Safety Act (CPSA) and other federal and state product safety laws.

202-434-7345
Evelyn French Compliance Attorney Mintz Law Firm
Associate

Evelyn focuses her practice on regulatory and compliance matters involving the Consumer Product Safety Act (CPSA) and other federal and state product safety laws. She helps companies seeking representation on product safety reporting obligations, product safety investigations, recalls, and other regulatory and enforcement matters. Evelyn also engages in trade association representation and has an antitrust practice in which she advises on many aspects of antitrust law, including merger review and private antitrust litigation.

Prior to joining...

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