It Takes Three to Quorum: President Trump’s Latest CPSC Nomination

01 Jul 2026
Client Alert

After nearly a year without its three-member quorum, the U.S. Consumer Product Safety Commission (CPSC) may be one step closer to restoring normal operations. On June 1, 2026, President Trump nominated Brien Lorenze to serve as a Commissioner of CPSC. Lorenze has served as CPSC’s Executive Director since March 2025. His nomination comes several months after President Trump’s February 11, 2026 nomination of Karen Sessions to fill another vacant seat on the Commission.

These nominations arrive at a time of turmoil for the agency. In May 2025, President Trump removed Democratic Commissioners Richard Trumka Jr., Mary Boyle, and Alexander Hoehn-Saric from CPSC. Those removals left Republican Commissioners Douglas Dziak and Acting Chairman Peter Feldman as the agency’s only remaining members. Although the Consumer Product Safety Act permits a two-member Commission to constitute a quorum for up to six months, Dziak’s resignation in August 2025 left Feldman as the agency’s sole Commissioner.

Despite operating as a one-member Commission, CPSC has largely carried out many of its core functions. Before Dziak’s departure, he and Feldman approved delegations of authority that enabled the agency to continue its enforcement and compliance work. Indeed, the agency has announced two civil penalty settlements this year, already matching the total number of civil penalties announced during all of 2025.

Although the agency has continued normal operations in some areas, the absence of a quorum has limited the Commission’s ability to exercise certain authorities reserved for a multi-member Commission. For example, the Consumer Product Safety Act generally does not permit the Commission to delegate its authority to issue subpoenas compelling witness testimony and the production of documentary and physical evidence. If confirmed, Lorenze and Sessions would restore the quorum necessary for the Commission to exercise those authorities.

Still, the future composition of CPSC remains uncertain. Sessions’ nomination has not yet advanced in the Senate, and Feldman’s current term is scheduled to expire in October 2026. To date, the administration has not announced a nominee to succeed Feldman when his term expires, leaving the Commission’s long-term leadership unresolved even if Lorenze and Sessions are confirmed.

Businesses should continue to monitor developments at CPSC closely. The confirmation process for Lorenze and Sessions, in addition to Feldman’s impending term expiration, will be key issues to watch in the months ahead. We will continue to provide updates as these matters progress.

Sofia Zaprianov, a summer associate in our San Diego office, contributed to this alert.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.