Finnbin, LLC v. CPSC, No. 21-1180 (D.C. Cir. 2022)Annotate this Case
The Consumer Product Safety Commission (CPSC or Commission) promulgated a mandatory safety standard governing all previously unregulated infant sleep products, including ones for which there was no voluntary safety standard in effect. Finnbin, LLC sold baby boxes, an infant flat sleep product covered by the final rule. Finnbin’s boxes lack a firm stand and elevation, so Finnbin may no longer sell them as designed. Finnbin sought judicial review of the final rule.
The DC Circuit denied in part and dismissed in part Petitioner’s motion seeking judicial review of the final review. Finnbin made two arguments why, in its view, the final rule exceeds the CPSC’s statutory authority under section 104. The court held that because the extant voluntary standard here covers only inclined sleep products, the Commission could not impose a broader standard extending to previously unregulated flat sleep products.
Finnbin further contended that section 104 permits the CPSC to impose safety standards but not product bans, which it says must be done under 15 U.S.C. Section 2057. Moreover, Finnbin continues, the final rule bans products like baby boxes. The court explained that by its terms, the final rule creates performance requirements for infant sleep products not already covered by a section 104 standard. Finnbin provides no reason to think that the rule effectively bans any discrete product.
Finally, the court explained in contending the CPSC failed to provide an adequate explanation, Finnbin highlights cases faulting the Commission for relying on imprecise injury reports. But these cases involved rules promulgated under the Consumer Product Safety Act—which, unlike section 104, requires a rigorous cost-benefit analysis.