American Home Furnishings Alliance v. Consumer Product Safety Commission

In October 2022, the Consumer Product Safety Commission (CPSC) issued a new safety standard for clothing storage units, such as dressers, armoires, wardrobes, and chests of drawers. Addressing the testing and labeling of clothing storage units, the rule aims to ameliorate the risk of injury or death to children from tip-over incidents with this type of furniture. The rule was prompted by reports of 234 fatalities resulting from tip-overs from January 2000 through April 2022, including 199 child fatalities, in addition to an estimated 84,100 tip-over-related injuries that led to emergency room visits from 2006 through 2021.

The American Home Furnishings Alliance, Mississippi Economic Council, and Mississippi Manufacturers Association challenged the rule in the U.S. Court of Appeals for the Fifth Circuit.  Among other things, they argue that the rule should be vacated because the President can only remove CPSC commissioners for cause. Public Citizen filed an amicus brief in support of the CPSC. The brief explains that the restrictions on removing CPSC commissioners do not violate separation-of-powers principles and, in any event, do not provide a basis for vacating or enjoining the final rule.