Our Agencies Are Failing Us: Why A Mother’s Discernment Cannot Be Replaced by Fallible Agencies
American citizens should not allow federal agencies to replace their own discernment and instinct by blindly believing that regulations reduce risk—the government will never be a benevolent parens patriae. Skepticism of the government is a natural result of being in the public interest legal profession, but entering motherhood heightened this distrust. The sanctity of protecting another life often leads to asking why and questioning the status quo of an unwell society. Large swaths of mothers everywhere are wondering, are all these regulations keeping my baby safe? The answer is no.
Recently, a friend asked, “why would a government want to hurt its people?” Her optimistic view comes from a logical place—more agency oversight, more “experts” within agencies, and more regulations means a safer population, right? The Federal Register is bursting with regulations—in fact, in 2023, the Federal Register contained 90,402 pages of regulations, “the second-highest tally of all time.” (The highest year was in 2016 with a total of 95,894 pages of regulations.)
With all that bureaucratic “protection” we should be the healthiest, safest country in the world, right? Not quite. Interestingly, it seems that the more ink regulators spill, the more health and quality of life declines. In fact, the United States spends “more on medical care than any country in the world[,]” “[w]e have the highest rate of opioid deaths of all high-income countries,” and we rank 36th in life expectancy. When regulations increase the cost of business and basic care but provide no benefits in return, the system is broken.
As the number of regulations rise, Americans also report a lower quality of life. In a 2022 Gallup Panel, Americans were asked if they were “thriving,” “struggling,” or “suffering.” In the report, “[t]he 5.6% suffering rate in July [of 2022] mark[ed] the first time the Gallup measure has exceeded 5% in the U.S. and translates to an estimated 14 million American adults.” The United States was also ranked 22nd “in terms of the best countries for quality of life,” which was a ranking that looked at affordability, job market, safety, and other factors.
Many issues plague our regulatory agencies. For instance, sometimes Congress delegates its legislative power to an agency unconstitutionally and the agency isn’t restrained by popular vote, agencies release rules that should have gone through notice-and-comment cloaked as “guidance,” or agencies pull products off shelves without proper research—a non-exhaustive list of many agency downsides. One author put it this way, “ the fact that an agency’s entire mission can flip with the change in administrations underscores the Administrative State’s inherent unsuitability as the repository of expertise and regulatory wisdom.”
Here are three reasons why every mother should not let the government make decisions for her and her baby.
Why are weighted sleep sacks banned?
There are instances where agencies such as the Consumer Product Safety Commission (“CPSC”) have pulled infant products from the market unlawfully, undermining the legitimacy of the agency and its work. Last November, NCLA filed a lawsuit against the Commission for ignoring the controlling statute and writing to retailers about the alleged dangers of weighted sleep sacks for infants. This product adds light pressure on an infant’s chest, meant to soothe and allow the child to sleep longer as a result of being comforted. According to the complaint, weighted sleep sacks “have been on the market for over a decade[,]” and “[t]he gentle pressure provided by the weighted sleep bag is comparable to placing a slice of bread or American cheese on an infant’s chest.”
A Commissioner of the CPSC proposed to “pursue a mandatory standard to address [alleged] foreseeable risks posed by” these products, but the full Commission rejected the idea. CPSC needed “data and evidence” to prove that a new standard was needed for these products, something the CPSC lacked.
The Commissioner decided to go rogue, issued a letter to retailers and parents, and tweeted that weighted sleep sacks are not to be used for sleep. This caused a cascade of problems, one of them being major retailers quickly pulling weighted sleep sacks from their shelves. Despite this scare, the NIH, CDC, and CPSC websites are remiss of “any specific safety data, evidence, or studies regarding infant sleep products.” This leaves parents wondering, how is the Commission legitimate if it can select at random products to pull from the market without undergoing rigorous testing? Who can parents trust? The Commission’s inability to follow statutory requirements shows an inconsistency and defect in the agency’s functioning and brands the agency as unreliable. Fortunately for parents, NCLA’s lawsuit intends to reel the agency into its statutorily confined role.
What’s in baby formula?
According to a New York Times article, “baby formula is one of the most tightly regulated food products in the US[.]” If that is the case, why does American baby formula contain “artificial sweeteners, genetically modified ingredients, and certain preservatives”? In the US, “[w]hen a company adds something to a formula that is not on the list of 29 required nutrients … they have to first show that: 1) the ingredient is safe, and 2) … infants grow “normally”. That’s all! Long-term follow up on infants in these studies is NOT required.” (Once your baby transitions to solid foods, do not trust the government to properly regulate baby food either. The House of Representative Subcommittee on Economic and Consumer Policy tested baby food, finding that “US baby foods contained significant levels of toxic heavy metals, including arsenic, lead, cadmium, and mercury.”)
What’s in baby lotion?
Currently, the United States bans only 11 cosmetic ingredients. (For comparison sake, the EU bans over 1,300.) What is a cosmetic ingredient one may ask? “Cosmetic ingredients are the substances or materials that are used in the manufacture of cosmetic and hygiene products, such as soap, shampoo, perfumes and makeup.” One of the worst offenders in lotions and soaps for babies is fragrance—“[d]ue to trade secret laws, companies don’t have to reveal the specific ingredients they use to create fragrances in their lotions or any other products… [and] [s]ome of those ingredients … are linked to cancer, endocrine disruption, allergies, … and more.” Alarmingly, other harmful ingredients such as dyes, petroleum-based products, and parabens can be found in supposedly “gentle” baby care products. Fortunately, mothers do not have to become scientists to understand what to avoid putting on their child’s delicate skin. There are many resources and apps devoted to uncovering the hideousness that is hiding toxic chemicals in baby products—just don’t rely on the government!
The key is understanding that the government cannot ever have your best interest in mind—there are millions of human beings residing in the United States with unique needs and thousands of companies lobbying to influence government policy. Remember that more agency oversight, more “experts” within agencies, and more regulations will never take the place of the still, small voice inside that knows what choices are proper for your family.
February 12, 2025