Amicus Brief: American Home Furnishings Alliance, et al. v. U.S. Consumer Product Safety Commission

AMICUS BRIEF SUMMARY

NCLA filed an amicus brief in American Home Furnishings Alliance, et al. v. CPSC, a case before the U.S. Court of Appeals for the Fifth Circuit. Manufacturers, importers, and retailers of clothing storage units (CSUs) are challenging a new Consumer Product Safety Commission (CPSC) rule regarding the stability of these pieces of furniture.

CSUs are extraordinarily popular with Americans who, according to CPSC’s own estimates, own over 230 million of and spend at least $7 billion on these items annually. In evaluating these products, the Commission “determined that there is an unreasonable risk of injury and death, particularly to children, associated with [CSUs] tipping over,” and as a result of this determination required either elimination or substantial changes to the most popular designs of these furniture items. CPSC itself acknowledges that at present, “nearly all CSUs [fail to] meet the standard” announced in the Rule.

Petitioners challenge the rule on several grounds, including: a) CPSC’s failure to comply with the Consumer Product Safety Act, b) that the rule was arbitrary, capricious, and unsupported by data, in violation of the Administrative Procedure Act and c) the Commission’s unconstitutional structure shielding CPSC commissioners from at-will removal.