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Pallone and Schakowsky flag CPSC nominee’s conflicts of interest and anti-consumer record

October 31, 2017

Today, Energy and Commerce Committee Ranking Member Frank Pallone Jr. (D-NJ) and Digital Commerce and Consumer Protection Subcommittee Ranking Member Jan Schakowsky (D-IL) sent a letter to the leaders of the Senate Commerce, Science and Transportation Committee opposing the nomination of Ms. Dana Baiocco to serve on the Consumer Product Safety Commission (CPSC). Sens. John Thune (R-SD) and Bill Nelson (D-FL), Chair and Ranking Member of the Senate Commerce, Science and Transportation Committee, will hold a hearing on Ms. Baiocco's nomination tomorrow.

In the letter, Reps. Pallone and Schakowsky outlined their concerns with Ms. Baiocco's track record, saying:

"Ms. Baiocco has no history of protecting consumers. Instead, she has spent much of her career defending corporations against consumer protection lawsuits."

In their letter, the members identified clear conflicts of interest created by charging a corporate lawyer with regulating the very companies she has spent her career defending. In addition to Ms. Baiocco's own client list, Reps. Pallone and Schakowsky explained how her husband's work could impede her from protecting consumers as a CPSC Commissioner:

"The work of Andrew Susko, Ms. Baiocco's husband, presents further opportunity for conflicts of interest. Mr. Susko has defended Ikea in a product liability lawsuit concerning dresser tip-overs. The CPSC is currently overseeing a recall of 29 million Ikea dressers due to tip-over hazard, and Acting Chair Ann Marie Buerkle has said the Commission is considering further action on furniture stability standards in the coming year."

Reps. Pallone and Schakowsky outlined specific steps the Senate Commerce Committee should take address Ms. Baiocco's conflicts of interest: 1) insist that she recuse herself from matters concerning former clients for her entire tenure, 2) clarify that she will recuse herself from matters involving her husband's current and past clients, and 3) ask under what circumstances Ms. Baiocco will pursue waivers to participate in matters where she or her husband have an interest. They closed by stating:

"Unless Ms. Baiocco strengthens her ethics pledge and demonstrates a clear commitment to consumer protection after her years of defending corporations against product liability lawsuits, we must oppose her nomination. We urge you to put consumers first as the confirmation process for Ms. Baiocco proceeds."

The full text of the letter is available here.

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