CPSC Acting Chairman Feldman Issues Statement On Continuity Of Operations Without A Quorum Days Before Commissioner Dziak Announces Anticipated Departure From The Agency

On August 19, 2025, Consumer Product Safety Commission (CPSC) Acting Chairman Peter Feldman issued a statement on the continuity of CPSC operations in anticipation of the end of Commissioner Dziak's holdover term, set to expire in October 2025. The statement, which outlined CPSC leadership's plans with respect to the agency's operations in the absence of a quorum, preceded Commissioner Dziak's August 22, 2025 announcement of his anticipated departure from the agency.

The August 19 statement conveyed to the American public that the agency would continue to conduct "business as usual." Acting Chairman Feldman emphasized that "Commission efforts to protect the public will continue without interruption" and that "CPSC remains fully empowered and unwavering in [its] mission to safeguard American families."

The statement further underscored how the Commission's express power (under Section 27 of the Consumer Product Safety Act (CPSA)) to delegate its authorities to officers and employees of the agency would enable it to maintain continuity of operations without a quorum. 15 U.S.C. § 2076(b)(10) ("The Commission shall also have the power―to delegate any of its functions or powers, . . . to any officer or employee of the Commission."). The statement characterized the Commission's "delegation authority" as "broad," permitting the agency to delegate its powers, including enforcement, regulatory, and administrative functions (with the exception of issuing subpoenas), to the Chairman and agency staff. Acting Chairman Feldman confidently explained that "[w]ith these delegations in place, CPSC anticipates no impediment to our work going forward."

Section 4(d) of the CPSA provides that three members of the Commission normally constitute a quorum. 15 U.S.C. § 2053(d). The statute also permits a temporary, two-member quorum: "[I]f there are only two members serving on the Commission because of vacancies in the Commission, two members shall constitute a quorum for the six month period beginning on the date of the vacancy which caused the number of Commission members to decline to two." Id.

With Commissioner Dziak's departure, the CPSC will have only one active Commissioner―Acting Chairman Feldman―which means the agency will be without a quorum. Acting Chairman Feldman reminded the public on August 19 that "[t]here is significant historical precedent for the Commission to operate without a quorum." He also noted that, where quorum losses have occurred, the CPSC has exercised its delegation authority. With agency leadership composition widely in flux, Acting Chairman Feldman's statement suggests that we will likely see over the next several months greater reliance by the Commission on its statutory delegation authority to carry out its enforcement, regulatory, and administrative functions.

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