Senators Vow to Stop Industry-Sponsored Trips by Safety Commission

Express Concerns about Conflict-of-Interest

November 2, 2007 -- WASHINGTON D.C. – Senators Mark Pryor (D-AR), Assistant Majority Leader Dick Durbin (D-IL), Amy Klobuchar (D-MN), Claire McCaskill (D-MO), Bob Menendez (D-NJ), Bill Nelson (D-FL), Chuck Schumer (D-NJ) and Sherrod Brown (D-OH) today said they would stop the dozens of industry-sponsored trips taken by certain consumer product safety commissioners.

The Washington Post today reported industry paid $60,000 in airfare, hotel and meal expenses for travel to destinations that include China, Spain, New Orleans and San Francisco. It further reports some of those trips were paid for by industry representatives linked to hazardous products.

In a letter to the acting chair of the Consumer Product Safety Commission, Nancy Nord, the senators expressed concern about the disturbingly cozy relationship between industry groups and her agency, which is charged with protecting our nation’s children and consumers from dangerous products. They informed the Chairman of their intentions to strengthen The CPSC Reform Act of 2007 when it comes to the Senate floor by including a ban on travel sponsored by manufacturers, trade associations or lobbying groups. They also requested the CPSC undertake immediate steps to modify its travel policy to avert any real or perceived conflict-of-interest between industry and their mission.

Earlier this week, the Senate Commerce Committee approved legislation by Senator Pryor that includes sweeping reforms to prevent dangerous products from ending up on store shelves and in children’s toy chests. The CPSC Reform Act of 2007 will help the Consumer Product Safety Commission (CPSC) meet the challenges of today’s economy by authorizing additional funding for the agency to increase staff levels, improving antiquated testing facilities and increasing CPSC agents at U.S. ports of entry. Additionally, the legislation proposes an increase in civil and criminal penalties, third party safety certification on all children’s products, a ban on all children’s products that contain lead, a more expedient recall process and whistleblower protections for manufacturers’ and importers’ employees.

A copy of the letter is below:

November 2, 2007

The Honorable Nancy A. Nord
Acting Chairman, Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814

Dear Chairman Nord:

Today’s Washington Post article highlighting Commission trips funded by companies or interest groups regulated by the Consumer Product Safety Commission (CPSC) greatly concerns us all. These trips raise very serious concerns that certain segments of industry may be exerting undue influence over the decision making-process at the CPSC. We are particularly concerned about reports of a trip you took to New Orleans earlier this year to make a presentation to the Defense Research Institute, an organization defending companies involved in product liability cases.

As you are aware, we have been working diligently to reform the CPSC and provide solutions to systemic problems at the agency, including additional authority to protect children from lead in toys and additional funding to protect consumers from dangerous imported products. We have appreciated your input during this process. However, we believe these industry-funded trips require Congressional consideration and additional public scrutiny. For these reasons, when the CPSC Reform Act of 2007 is considered on the Senate floor, we will seek legislative changes to the bill to ban travel paid for by companies or industries regulated by the CPSC.

Many agencies, including the Securities and Exchange Commission, Food and Drug Administration, the Federal Communications Commission, and the Federal Trade Commission have similar rules restricting industry sponsored travel. As Congress considers the best solutions to fix and bolster the CPSC, we believe we should free the CPSC from any appearance of impropriety or undue influence from regulated industries. Leaving the Commission vulnerable to such charges is unacceptable.

In the meantime, we would request that your agency conduct a full internal review of CPSC travel and make appropriate administrative changes in anticipation of legislation.

Thank you for this opportunity to express our concerns. As always, we are willing to discuss these issues further with you and welcome constructive feedback.

Sincerely,

Senator Dick Durbin
Senator Mark Pryor
Senator Amy Klobuchar
Senator Charles E. Schumer
Senator Claire McCaskill
Senator Sherrod Brown
Senator Bill Nelson
Senator Robert Menendez

Source: Senator Dick Durbin