Dreamland Baby, a manufacturer and seller of weighted sleep blankets and swaddles, sued the Consumer Product Safety Commission, former CPSC Commissioner Trumka, HHS, and two HHS subagencies based on (1) the CPSC’s “Safe Sleep” guidance, advising against the use of such blankets and swaddles for infants; and (2) statements by HHS and Commissioner Trumka about the safety of such blankets and swaddles. In a decision today, a D.C. district court dismissed nearly all of the claims–finding that the CPSC’s guidance didn’t exceed its statutory authority despite Dreamland Baby’s disagreement as to the strength of evidence it relied upon, that none of the procedural requirements invoked were applicable, and that none of the defendants had acted in clear violation of a mandatory duty.
Dreamland Baby had also challenged the actions based on what it claimed were unconstitutional for-cause removal protections for the CPSC’s commissioners. Given that those commissioners have now all been removed without cause, the court reasoned it had no jurisdiction over the claims as there was no possibility of harm and/or redressability.
The court allowed Dreamland Baby’s arbitrary and capricious claims to proceed, finding that they could not be resolved without production and consideration of the administrative record.
