In response to President Trump’s executive order requiring government agencies to repeal two regulations for each new one issued, the head of the Consumer Product Safety Commission (“CPSC”) issued a statement that the order does not apply to the CPSC and that following the order would undermine public safety. CPSC Chair Eliot Kaye noted that although the CPSC had in the past looked to follow the spirit of executive orders that advance sound public policy and do not conflict with the agency’s public health and safety mission, this order “clearly fails” on those counts. Kaye stated that to voluntarily follow the order “would lead to poor public policy decisions by ignoring the many necessary benefits provided by consumer protections that save lives and protect all of America’s families.” He further stated that following the order would be “counter to our safety mission, as it would cruelly and unfairly have us pit vulnerable populations against each other when it comes to making safety decisions.” 

The executive order only applies to agencies under the direct oversight of the Office of Management and Budget, and not to independent agencies.