Amicus Brief: American Home Furnishings Alliance, et al. v. U.S. Consumer Product Safety Commission

AMICUS BRIEF SUMMARY

NCLA filed an amicus brief in support of manufacturers, importers, and retailers of clothing storage units (CSUs) challenging a Consumer Product Safety Commission (CPSC) rule regarding the stability of these pieces of furniture.

CSUs are extraordinarily popular with Americans. In evaluating these products, the Commission “determined that there is an unreasonable risk of injury and death, particularly to children, associated with [CSUs] tipping over,” and as a result of this determination required either elimination or substantial changes to the most popular designs of these furniture items. CPSC itself acknowledged that  “nearly all CSUs [failed to] meet the standard” announced in the Rule.

Petitioners challenged the rule on several grounds, including: a) CPSC’s failure to comply with the Consumer Product Safety Act, b) that the rule was arbitrary, capricious, and unsupported by data, in violation of the Administrative Procedure Act and c) the Commission’s unconstitutional structure shielding CPSC commissioners from at-will removal.