Taking a pass on Due Process. Rather than follow the law and stand up for due process rights, Commissioner Feldman abstained from a key vote that would have protected those rights. Section 6(b) of the Consumer Product Safety Act (CPSA) requires the CPSC to provide manufacturers or private labelers with advance notice and an opportunity to comment on information the Commission proposes to release to the public. But rather than study safety questions and related data as the law requires, the CPSC told Americans not to use infant weighted sleep products, like those manufactured by Dreamland Baby Co. In August of 2024, NCLA requested that the CPSC retract the misleading statements made by the agency and Commissioner Richard Trumka regarding Dreamland Baby Co.'s weighted sleep products, giving the false impression that CPSC had made a determination regarding the products’ safety when it had not. Rather than stand up for due process and the statute he is required to enforce, Commissioner Feldman abstained in the vote to retract the inaccurate and misleading statements.
No one likes a sore loser. Commissioner Trumka showed that he is the ultimate sore loser when he doesn’t get his regulatory way. In November 2023 the CPSC, by a vote of 3-1, rejected Trumka’s proposal to impose stricter regulations on certain weighted baby sleep products. Rather than take no for an answer, Trumka undertook a letter-writing campaign making false and disparaging statements about Dreamland Baby Co.’s weighted infant sleep products and pressuring retailers to stop selling them. Trumka violated this woman-owned business’s constitutional and statutory rights, significantly harming the company and hurting families seeking safe sleep solutions for their children.