U.S. Chamber of Commerce files amicus brief challenging Consumer Product Safety Commission rule

Client(s) U.S. Chamber of Commerce

Jones Day filed an amicus brief in the D.C. Circuit on behalf of the U.S. Chamber of Commerce in a case challenging the Consumer Product Safety Commission's recent mandatory rule regarding custom window coverings. The Chamber's amicus brief supports the window coverings industry's voluntary safety standard, explaining that the Commission is required to defer to voluntary standards, which serve important purposes and are effective, and that the Commission's failure to adequately consider the standard violated the Consumer Product Safety Act and the Administrative Procedure Act. The Chamber's amicus brief also explains that the Commission is unconstitutionally structured, because the Commissioners are inappropriately insulated from the President’s control of the Executive Branch.

Window Covering Manufacturers Association v. Consumer Product Safety Commission, No. 22-1300 (D.C. Cir.)