Adler Nominated for Second Term


Yesterday, President Obama announced his intent to nominate Acting Chairman Bob Adler to a second term as a CPSC Commissioner.

Commissioner Adler was appointed to the CPSC in August 2009 and his first term runs through October 2014. He has served as Acting Chair after the Commissioner since Inez Tenenbaum’s term concluded in November 2013.

If confirmed by the Senate, Commissioner Adler will continue to serve alongside Marietta S. Robinson (D) and Ann Marie Buerkle (R), who were both appointed in June 2013 and whose terms extend until October 2017.

The Senate is likely to first act on the pending nominations of Elliot Kaye (D) as Chairman and Joseph Mohorovic (R) as Commissioner before addressing Commissioner Adler’s re-nomination. They are expected to be confirmed.

While Commissioner Adler will not continue as Chairman upon Mr. Kaye’s appointment, as the senior member of the Commission, Commissioner Adler is likely to continue to play an important and influential role in setting the CPSC’s direction and priorities.

Commissioner Adler has a reputation as a strong advocate for consumers, who keeps an open ear to issues raised by regulated businesses.

He is among those who have driven the CPSC’s more aggressive approach to regulation, such as the proposed controversial changes to the voluntary recall process, a proposed rule limiting Section 6(b) disclosure safeguards, and the incorporation of compliance programs in civil penalty settlements.

Yesterday, he released a dissenting statement expressing his view that the Commission’s settlement with the former CEO of Buckyballs, upon whom the CPSC sought to impose personal liability for conducting a recall, did not go far enough.

Commissioners are appointed to a term of seven years from the date of the expiration of the term for which his or her predecessor was appointed.

After the Senate confirms the pending nominations, the membership of the Commission is not likely to change for at least three years.

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