ICPHSO 2025: State Regulation in Response to Trump’s Push for Federal Deregulation

Every year at the International Consumer Product Health and Safety Organization (ICPHSO)’s annual symposium in Orlando, stakeholders, regulators, and other industry members gather to discuss emerging trends and issues around consumer product safety. This series will go over topics and key themes from this year’s symposium, starting with the anticipated impact of President Trump’s administration on the regulatory environment.

Speakers and presenters broadly (and unsurprisingly) agreed that the new federal administration will significantly impact the consumer product regulatory environment. Of note, President Trump’s 10-to-1 Deregulation Initiative will affect the Consumer Product Safety Commission (CPSC), Environmental Protection Agency, and other federal regulation of consumer products. Dramatically expanding the previous “2-for-1” deregulation efforts from President Trump’s first term, the new initiative requires agencies to revoke ten regulations for every new one they implemented. The extent of overall deregulation during President Trump’s first term can be debated, but it indisputably increased state regulatory activity as states rushed to fill the gaps.

Panelists noted the divisions among states in product safety regulations will likely quickly grow during President Trump’s second term if his first term is any indication of the likely state activity. During President Trump’s first term, state legislatures proposed and enacted new regulations at a much higher pace compared to President Biden’s term.

This time, President Trump is also trying to exert authority and influence over independent federal agencies like CPSC and the Federal Trade Commission. In an executive order signed on February 18, 2025, President Trump ordered all agencies to submit draft regulations for White House review and consult with the White House on agency priorities and strategic plans, with the White House setting performance standards. The legality of these executive order mandates is questionable, but CPSC and other independent agencies have already signaled a willingness to follow these new directions. During a CPSC updates panel at the ICPHSO symposium, CPSC Director of the Office of Import Surveillance, Jim Joholske, highlighted the 10-to-1 Deregulation Initiative as a factor that the Commission will need to navigate.

What legislation and regulations are on the chopping block remains an open question, but the Trump administration’s push for deregulation is likely to result in a patchwork of state bills to address what some states will view as a regulatory hole. While like-minded states often try to mirror each another’s regulations with respect to certain subjects, products, and/or chemicals, inconsistencies are inevitable. This leads businesses to struggle with compliance as they are forced to understand and navigate 50 different regulatory schemes.

Panelists advised business representatives in attendance that monitoring new state bills as they are introduced and progress through state legislatures is the best way to position their business to adapt to and comply with new regulations affecting their product(s). Businesses should also consider participating in the legislative process for certain key bills that will most impact their business to encourage harmonization and/or advocate against certain provisions that may not scale or are impractical for certain businesses.

President Trump has voiced more ambitious deregulation goals in his second term and has already taken significant steps to make it a reality. States like California, Washington, New York, and other states will likely respond with regulations of their own to fill in what they view as regulatory gaps. Businesses must be ready to adapt to this new regulatory environment.