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On May 15, 2025, the Consumer Product Safety Commission (CPSC or Commission) announced a “record-breaking week” of enforcement actions against “foreign violators.”[1] Namely, the Commission announced 28 separate product safety recalls and warnings for products manufactured in China, including a “first-of-its-kind enforcement sweep of off-brand found to leach lead and other contaminates into U.S. drinking water.”[2] Many of these actions were taken “unilaterally,” meaning the Commission issued press releases warning consumers of potentially hazardous products without final approval from the products’ manufacturer or retailer.

The CPSC’s authority to take such unilateral action originates from Section 6(b) of the Consumer Product Safety Act (CPSA). Historically, the Commission’s use of unilateral action has been minimal. Companies typically find it advantageous to cooperate with the CPSC in disclosing hazards to the public. However, this recent “record-breaking week” may signify a more aggressive approach by the CPSC, particularly when it comes to foreign manufacturers that are arguably outside the CPSC’s immediate jurisdiction. 

Unilateral Press Releases under the CPSA Section 6(b)

Section 6(b) governs the CPSC’s ability to publicly disclose information about  consumer products, such as identifying the manufacturer and any product-specific information.[3] Before publicly disclosing this information, the agency must notify the company and provide it with an opportunity to correct, contest, or comment on the disclosure’s content.[4] The CPSC must give the company at least fifteen days to provide comments.[5] If, however, the CPSC disagrees with the company’s comments, the CPSC may unilaterally release information to the public—without the company’s final approval—so long as it has taken “reasonable steps” to ensure the information is accurate, fair in context, and reasonably related to the agency’s mission to protect the public.[6]

Section 6(b) proponents argue these safeguards are necessary to protect against reputational damage caused by false or inaccurate disclosures. Critics maintain its rigid framework delays potentially life-saving information from prompt public disclosure, with some arguing it should not exist at all. Even so, unilateral press releases could result in litigation, especially if the content turns out to be inaccurate.[7] Thus, the CPSC may delay the issuance of a unilateral press release to independently verify the information therein—which typically requires cooperation and further disclosure from the company. 

Insight from the Commission

Previous statements made by Acting Chair Peter Feldman and Commissioner Douglas Dziak provide insight into their views on unilateral activity by the CPSC. In 2023 Peter Feldman publicly touted the Commission’s Section 6(b) powers stating, “The law provides due process for a firm to seek revisions of what it believes to be erroneous information. Nevertheless, the Commission is under no obligation to make edits if it disagrees.” Further, in 2024, the CPSC refused to retract a unilateral statement by Commissioner Richard Trumka encouraging retailers to refrain from selling certain weighted infant sleep products. The manufacturer of those products complained Trumka’s statement violated Section 6(b) procedures, compelling a response from both Feldman and Dziak: “We do not take such relief lightly” and “the publication of the statements constitutes final agency action. Given the procedural deficiencies in this matter, we believe that the relief sought is best obtained through an Article III court.”[8] Now, with Acting Chair Feldman at the helm, it may not be a surprise that the CPSC is turning to this regulatory tool with more frequency, particularly in instances involving products made in foreign countries. 

Implications for Domestic Stakeholders and Foreign Manufacturers

For domestic importers, distributors, and retailers of foreign products, the increased risk of unilateral press releases may present some challenges. If a foreign supply partner fails to meet U.S. safety standards and refuses to cooperate with the CPSC, the burden of compliance may fall on the U.S. entity. The CPSC may also leverage the threat of a unilateral press release naming the domestic retailer to compel cooperation, even when the foreign manufacturer may be the more appropriate focus for the violation.

Given the CPSC’s increased exercise of its unilateral authority, particularly with respect to products manufactured abroad, companies that import, distribute, or sell consumer products—especially those sourced from foreign manufacturers—should perform the appropriate vetting and due diligence, verifying product safety at the outset of the supply chain. In addition—and to the extent possible—domestic stakeholders who import from abroad should work to include provisions in supply contracts that require foreign suppliers to cooperate with CPSC inquiries and recalls.

�鶹ֱ�� & Lardner’s Consumer Products Team continues to monitor official statements released by the CPSC and is available to assist companies in the U.S. and abroad with responses to Section 6(b) inquiries.

[1] The CPSC’s official statement is available here: .

[2] Id.

[3] See 16 C.F.R. Part 1101.

[4] 16 C.F.R. § 1101.1(b)(1). 

[5] Id.

[6] 16 C.F.R. Part 1101 Subpart D. The CPSC must first warn the company of its decision to do so and wait an additional five days before releasing the contested information to the public.  16 C.F.R. § 1101.25.

[7] See 16 C.F.R. § 1101.1(b)(3).

[8] The full statement can be found on the CPSC website: .