The Liberty Justice Center has sent demand letters to the Consumer Product Safety Commission (CPSC) and the Department of Health and Human Services (HHS), aiming to hold CPSC Commissioner Richard Trumka Jr. accountable for actions that have negatively impacted small businesses.
In November 2023, the CPSC rejected a proposal by Commissioner Trumka to issue mandatory standards for weighted infant sleep products, citing insufficient evidence of hazard. Despite this, in April 2024, Trumka instructed major retailers to stop selling these products through letters on official CPSC letterhead, affecting businesses like Nested Bean. This immigrant-owned company was particularly impacted as retailers severed ties with it following Trumka's directives.
Trumka later described these letters as personal statements, although they were posted on official CPSC platforms. In November 2024, the Liberty Justice Center demanded a retraction of what they called inaccurate statements by Trumka, highlighting that there were no reported injuries or deaths linked to Nested Bean’s products.
The CPSC did not fully retract Trumka’s statements but proposed potential actions without reaching a decision. On February 13, the Liberty Justice Center sent another letter urging a vote on clarifying that Trumka's statements do not equate to an official recall or ban.
Additionally, the Liberty Justice Center addressed HHS regarding prior administration statements against weighted infant sleep products, questioning their scientific basis and regulatory authority over consumer products.
The center has given a 30-business-day window for these agencies to respond before considering legal action. Loren Seehase stated: “No government official has the authority to leverage a position of political power to advance their own pet project. Commissioner Trumka’s actions have not only overstepped his authority but also violated public trust and caused irreparable damage to small businesses like Nested Bean.”