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6 October 2025

What To Expect From The CPSC During Government Shutdown

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Foley & Lardner

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As of October 1, 2025, the U.S. federal government shutdown due to a lapse in appropriations. This means that many federal agencies, including the U.S. Consumer Product Safety Commission ("CPSC")...
United States Consumer Protection
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Key Takeaways:

  • Essential safety functions will continue: The CPSC will maintain operations that address imminent threats to human life or property.
  • Most staff will be furloughed: Over half of CPSC employees will be placed on furlough, pausing many routine activities.
  • Public safety remains a priority: Activities like recalls, hazardous product interdictions, and emergency communications will still be active.

As of October 1, 2025, the U.S. federal government shutdown due to a lapse in appropriations. This means that many federal agencies, including the U.S. Consumer Product Safety Commission ("CPSC"), must suspend or scale back operations until funding is restored. While shutdowns are not uncommon, they can create uncertainty for businesses, consumers, and agency staff alike.

During a shutdown, each agency follows a pre-approved "lapse plan" that outlines which functions will continue and which will pause. For the CPSC, this means that while most routine operations—including rulemaking, consumer education, and non-urgent communications—will be temporarily halted. The CPSC will continue with activities that it deems "Necessary to address imminent threats to the safety of human life and the protection of property."1

Q: Will the CPSC shut down completely during a government funding lapse?

No. While many functions will pause, the CPSC will continue critical operations that protect public safety. These include monitoring hazardous products, issuing urgent recalls, and intercepting dangerous imports at U.S. ports.

Q: Do I still need to report a potentially hazardous product to the CPSC during the shutdown?

Yes. On the morning of the shutdown, the CPSC released the following statement on X: "During the lapse in federal appropriations, CPSC investigatory, enforcement and public outreach activities will continue. Companies must continue to submit unsafe product reports to the CPSC. The public will continue to receive recall notices and safety warnings."2

Q: How many employees will continue working during the shutdown?

Out of 436 total employees, 238 are expected to be furloughed. Approximately 195 employees (roughly 45% of CPSC staff) will be retained to perform activities necessary to protect life and property.

Q: What kinds of activities will continue?

During the shutdown, the CPSC will continue operations that are directly tied to imminent safety risks. This includes monitoring incident reports to identify hazardous products; negotiating recalls or issuing unilateral warnings for products that pose serious risks; and working with U.S. Customs and Border Protection to prevent the entry of dangerous goods. Legal support for these activities will also remain available, ensuring that enforcement actions and litigation related to imminent threats can proceed without interruption.

Q: What activities will be paused?

Many of the CPSC's routine and administrative functions will be suspended during the shutdown. These include routine meetings, rulemaking efforts, voluntary standards development, consumer education campaigns (such as those focused on toy safety or drowning prevention), civil penalty assessments, and responses to congressional inquiries or Freedom of Information Act (FOIA) requests. Additionally, travel and stakeholder engagement that are not directly tied to imminent safety concerns will be deferred until appropriations are restored.

Q: How will the public be informed during the shutdown?

The CPSC's public website will remain operational throughout the shutdown to ensure that consumers have access to critical safety information. This includes recall notices, unilateral warnings, and updates on agency operations. The CPSC Hotline will also be updated with current information and instructions for contacting the agency.

The CPSC's most recent Lapse Plan may signal a departure from previous ones. The 2020 plan retained just 5% of staff with a slight uptick in 2023 and 2024 to a 12% retention of staff. As these shutdowns become more frequent, the CPSC's 2025 plan shows a "business as usual" approach, with a continued focus on imminent threats to human life and property. Businesses should maintain their "business as usual" approach, too. The recent lapse in appropriations does not eliminate the need to maintain compliance and fulfill reporting requirements with the CPSC.

Footnotes

1. 2025 CPSC Lapse Plan Overview: https://www.cpsc.gov/s3fs-public/CPSCLapsePlanOverview_OMBApproved9292025.pdf; CPSC Orderly Shutdown Protocol https://www.cpsc.gov/s3fs-public/0921_1.pdf?VersionId=IWnxIQebe2BOWgkHA4gG6IdnA47nIhTY; see also https://www.cpsc.gov that contains the following pop-up message: "CPSC Activities During a Lapse in Appropriations: During the lapse in federal appropriations, CPSC will continue its critical work to protect the public from imminent threats to human life and property. This work includes screening hazardous products at ports, monitoring injury reports, and taking urgent enforcement actions such as product recalls. Previously scheduled meetings of the Commission and its staff will not take place during this period."

2. @USCPSC, X, https://x.com/uscpsc/status/1973382431064395837?s=46&t=wzIc-sGDxfBMpfzy_rpInQ.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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