February 7, 2023

Volume XIII, Number 38


February 06, 2023

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Senate Confirms Mary Boyle as 5th CPSC Commissioner

Nearly a year after she was first nominated, Mary Boyle was confirmed Wednesday to be a Commissioner of the U.S. Consumer Product Safety Commission (CPSC). When she takes office for a term that will run through October 2025, Boyle will bring the Commission to its full five-member strength for the first time since 2019.

Boyle has been at CPSC for more than a decade, serving as an attorney in the Office of General Counsel (OGC), as General Counsel herself, and currently as the agency’s Executive Director. A graduate of Georgetown University and the University of Maryland, Boyle is the second CPSC Executive Director to join the Commission in recent years, following former Chair Elliot Kaye, who served from 2014 to 2021.

Boyle’s nomination had been held up in the Senate Committee on Commerce, Science, & Transportation amid Republicans’ concerns about her role in the agency’s unauthorized disclosures of company and consumer information in 2019 and in staffing of CPSC’s import surveillance operations amid COVID-19 disruptions. The first session of the 117th Congress ended in December 2021 with Boyle’s nomination still in committee. Her nomination was returned to the White House, and President Biden swiftly renominated her in early 2022.

The Commerce Committee failed to report Boyle’s nomination favorably on a 14-14 party-line vote in March. Her nomination was ultimately discharged from committee on May 12 by a straight party-line vote, with Vice President Kamala Harris breaking the 50-50 tie. Republican opposition followed Boyle to the floor with a filibuster that was broken by a 49-47 cloture vote on June 16, 2022. Wednesday’s confirmation vote was 50-48.

Boyle joins Chair Alexander Hoehn-Saric and Commissioner Richard Trumka, Jr., forming a Biden-administration majority on the Commission alongside Trump appointees Dana Baiocco and Peter Feldman. With Boyle’s confirmation, CPSC’s leadership appears set for the next two-plus years. The Commissioners’ terms are as follows:

© 2023 Keller and Heckman LLPNational Law Review, Volume XII, Number 174

About this Author

Sheila Millar, Keller Heckman, advertising lawyer, privacy attorney

Sheila A. Millar counsels corporate and association clients on advertising, privacy, product safety, and other public policy and regulatory compliance issues.

Ms. Millar advises clients on an array of advertising and marketing issues.  She represents clients in legislative, rulemaking and self-regulatory actions, advises on claims, and assists in developing and evaluating substantiation for claims. She also has extensive experience in privacy, data security and cybersecurity matters.  She helps clients develop website and app privacy policies,...


Mike Gentine practices in the areas of product safety and consumer protection, assisting manufactures, retailers, and other commercial clients on legal, regulatory, enforcement, and penalty matters before various agencies, including the U.S. Consumer Product Safety Commission (CPSC) and the National Highway Traffic Safety Administration (NHTSA). He counsels clients on compliance strategies and government relations, helping them to advance legislative and policy objectives at the state and federal levels. 

Mike has extensive product recall...