During a June 11, 2014, hearing before the U.S. Senate Committee on Commerce, Science and Transportation, Consumer Product Safety Commission (CPSC) Acting Chair Robert Adler, facing renomination, was criticized by ranking member John Thune (R-S.D.) for the agency’s failure to take action to reduce third-party testing burdens under a law passed in 2011 and for its apparent overreach in seeking to hold the owner of the company that made high-power magnetic desk toys responsible for the costs of recalling the product. Additional details about the settlement reached with Buckyballs® seller Maxfield & Oberton Holdings and its former CEO Craig Zucker appear in the June 5, 2014, issue of this Report.

Adler reportedly testified that the agency had “dedicated the necessary resources” to reduce the burdens of third-party testing, required for the makers of children’s products under the Consumer Product Safety Improvement Act of 2008, but said that it was difficult to do that while also ensuring compliance with existing rules and regulations. Two other CPSC nominees were expected to be favorably reported out of committee the same day as Adler’s hearing, but a quorum was lacking. Waiting for confirmation are Elliot Kaye as CPSC chair and Joe Mohorovic as CPSC commissioner. See Bloomberg BNA Product Safety & Liability Reporter™, June 12, 2014.