President Trump to Nominate Dana Baiocco to be CPSC Commissioner, Signaling Shift in Control

On September 21, 2017, President Trump announced his intent to nominate Dana Baiocco to be Commissioner of the US Consumer Product Safety Commission (CPSC), for a 7-year term beginning October 27, 2017. Ms. Baiocco is a lawyer in private practice. Her biography indicates that she has handled the defense of product liability lawsuits and class actions on behalf of companies, as well as CPSC counseling.

The timing of Senate action on Ms. Baiocco's nomination is of significant interest. Commissioner Robinson can continue to serve up to one year after her term ends, which would maintain the Democratic majority pending Ms. Baiocco's confirmation.

Upon Ms. Baiocco's confirmation and the departure of Commissioner Marietta Robinson (whose term ends in October), there will likely be a shift in the balance of power at CPSC, which has had a 3-2 Democrat majority for a number of years. The change should provide Ann Marie Buerkle—who has been nominated as CPSC Chair and has been serving as Acting Chair—greater latitude to chart CPSC’s course going forward. Acting Chairman Buerkle is scheduled to appear at a confirmation hearing before the Senate Committee on Commerce, Science, and Transportation on September 27, 2017.

© Arnold & Porter Kaye Scholer LLP 2017 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.