Biden Administration Signals An End to Trump’s Deregulatory Nightmare

Feb 12, 2021
 Within hours of being sworn in as the 46th President of the United States, Joe Biden signed an Executive Order designed to protect worker safety in the age of Covid, specifically requiring OSHA (Occupational Safety and Health Administration) to protect workers and ensure equity in enforcement of worker safety statutes and rules. In other words, Biden was telling OSHA to do what the former administration failed to do, namely to do their job and protect workers. As we all know, President Biden, also within hours of his inauguration, issued a mask mandate for all government employees and on all government sites, including the White House, as well as mandating mask-wearing during all forms of interstate travel (bus, train, plane, etc.)...all in the name of public safety. 

Probably sensing that there was a new sheriff coming to town, the CPSC (Consumer Product Safety Commission), one week before the Biden swearing-in, issued the first major U.S. consumer penalty in almost three years against North Carolina-based Kidde Company, manufacturer of a very popular fire extinguisher. Kidde was fined $12 million when the CPSC determined that they failed to report significant fire-extinguisher defects in a timely manner to the CPSC, thus violating Federal Statutes that call for product manufacturers to report any known defects associated with their products to the CPSC. The problem with their popular fire extinguishers was linked to defective plastic handles which either failed to discharge or required dangerously excessive force to operate, according to the CPSC, who linked one death directly to the failure of a Kidde extinguisher to operate properly. In 2017, Kidde recalled approximately 38 million extinguishers manufactured since 1973 and sold at WalMart, Home Depot, Amazon and elsewhere. Their problem wasn't the recall; their problem was that they waited too long to notify the CPSC and at least one consumer advocate, Sally Greenberg, executive director of the National Consumers League, believes their failure to notify the CPSC was intended to "minimize the extent of the defective fire extinguisher." Could this be still another example of a greedy corporation placing their profits over your safety? Shocking! 

What's also shocking is that this penalty was ONLY THE SECOND MAJOR PENALTY HANDED OUT BY THE CPSC SINCE TRUMP TOOK OFFICE! Aside from Kidde, the only other major penalty administered by the nation's top consumer watchdog agency was a $27 million fine against ATV manufacturer, Polaris, in 2018 for a fire hazard linked to their ATV's. Perhaps, in what could be the understatement of the year, consumer advocate and legislative director at the Consumer Federation of America, Rachel Weintraub, concluded that "Enforcement has been down under the Trump administration, not only at the Consumer Product Safety Commission, but at many, many agencies." 


The penalty against Kidde could signal a big shift in enforcement, establishing meaningful regulations intended to protect consumers, certainly not a concern of the Trump presidency which left the CPSC practically rudderless without any permanent head since 2018. As further evidence of his scorn for consumer safety and the CPSC, Trump in 2019 tried to nominate Nancy Beck, a former chemical industry executive who pushed to relax rules on toxic chemicals at the Environmental Protection Agency (EPA), as the new head of the CPSC. Fortunately, the Senate blocked this dangerous nomination, leaving Robert Adler, a holdover from the Obama administration, as Acting Chair of the CPSC.


In addition to searching for a strong consumer advocate to head the CPSC, Biden is also searching for a strong scientist to lead the FDA, which many believe was heavily politicized by outgoing Commissioner Stephen Hahn. The current acting FDA Commissioner, Janet Woodcock, a longtime drug regulator and career civil servant, is currently viewed as the frontrunner for the position. Further evidence of Biden's intention to lead on consumer, environmental and public safety is his pick to head the EPA, Michael Regan, head of North Carolina's Department of Environmental Quality, whose opening remarks to Congress included a pledge to "restore science and transparency at the agency while focusing on marginalized communities and combating climate change with a strong sense of urgency."


All of these fines, executive orders, appointments and nominations definitely signal that Trump's deregulatory nightmare, which led to thousands of deaths and injuries, may finally be over. I first wrote about the threat and consequences of haphazard deregulations in the February, 2017 and June, 2017 issues of this newsletter. And, in the October, 2018 issue, I stated that "regulators need to regulate." Let's hope that this new administration recognizes the need for meaningful regulations (and their enforcement) from the government agencies that have been specifically designed to protect consumers, workers and the general public from potentially bad actors who, when left to their own desires, would prefer to place their profits over our safety.


Check out my book "Murder, Inc.: How Unregulated Industry Kills or Injures Thousands of Americans Every Year...And What You Can Do About It". Available in Hardcover, Paperback, Kindle & Audiobook on Amazon now.


By Gerald Goldhaber 07 May, 2024
Last month, the Environmental Protection Agency (EPA) finalized strict limits on PFAS, so-called “forever chemicals”, in drinking water that will require utilities to reduce them to the lowest level they can be reliably measured. Officials say this will reduce exposure for 100 million people and help prevent thousands of illnesses, including cancers.
By Gerald Goldhaber 16 Apr, 2024
Could that colorful stash of cleaning supplies under your kitchen sink, in your broom closets and around the washer and dryer contain toxic compounds that might significantly affect your health and the environment? Unfortunately, for many common household cleaning products, the answer is too often “yes.”
By Gerald Goldhaber 13 Mar, 2024
Since the pandemic, when E-Bikes first became a big deal in NYC, with almost everyone demanding that food, toilet paper and other products be brought to their doorsteps, E-Bikes have become one of the leading causes of fires in NYC. What are E-Bikes and why are they so dangerous. First of all, an E-Bike is an electric bicycle, typically powered by a lithium-ion battery, known mostly for its longevity, lasting typically ten times longer than lead-acid batteries, often exceeding 5 years. Lithium-ion batteries are generally safe. If you follow proper storage, charging, and discarding procedures, they are unlikely to fail or catch fire. However, at least in NYC, where there are over 65,000 E-Bikes, mostly driven by food-delivery personnel working for companies such as Uber Eats or Grubhub, and even work commuters, that is not always the case.
By Gerald Goldhaber 05 Feb, 2024
If you are like most Americans suffering through this nasty, snow and ice-driven extremely cold winter, you probably have dreams of flying somewhere warm to lounge on the beach while sipping margaritas (that's my tribute to the late Jimmy Buffett ). If you can afford the time and money to fly away to your dream winter holiday in the sun, you may still be worrying if your flight to paradise is safe. And worry you should, especially if you are booked on a Boeing 737 Max 9 aircraft.
By Gerald Goldhaber 29 Nov, 2023
Imagine a group of 10-year olds sitting in a darkened room, with a bunch of their "friends" engaged in a discussion about whom to kill while playing a game of Russian Roulette. This is NOT a pretend game. Virtual reality goggles are marketed to children as young as ten years old. These goggles and other smart toys are listed in the 38th edition of Trouble in Toyland, the annual listing of holiday toys that pose hazards for children, released by the Massachusetts chapter of the Public Interest Research Group (PIRG) If you have doubts about the safety of such "hi-tech" toys, last month, an 11-year-old girl was kidnapped by a man she encountered while playing a game online. Fortunately, she was found safe a short time later, about 135 miles away from her home. The game, Roblox, is one of the most popular mobile games this year.
By Gerald Goldhaber 08 Nov, 2023
Last month in this newsletter, I wrote about several of our favorite foods that, while they are legally sold in the U.S., despite known health issues associated with them, have been banned throughout Europe, Canada and other developed nations, including Australia, Japan and New Zealand. One of the chemicals I wrote about was Brominated Vegetable Oil or BVO whose main ingredient, Bromine, the element found in brominated flame retardants, can build up in the body and potentially lead to memory loss, as well as skin and nerve problems. BVO is most commonly found in smaller grocery store brands and regional beverages, including some Food Lion-brand sodas, some Walmart branded Great Value-brand sodas, and Sun Drop citrus soda, manufactured by the makers of Dr. Pepper. It keeps the citrus flavoring in fruit-flavored beverages from floating to the top of the drink.
By Gerald Goldhaber 05 Oct, 2023
1. Skittles. Mars Co , manufacturer of Skittles, was named in a class action lawsuit filed in California last year claiming that Skittles contains titanium dioxide, used by Mars to make its Skittles look brighter and more colorful, while at the same time causing irritation to the eyes, nose and throat and, more seriously, having the potential for causing reproductive damage in humans. The European Union, which has banned Skittles, claims that titanium dioxide may also be a human carcinogen. 2. Mountain Dew & Fresca . Americans who “do the Dew” might be surprised to learn the product contains brominated vegetable oil. BVO is banned in Japan and the European Union because it contains bromine, the element found in brominated flame retardants, which can build up in the body and potentially lead to memory loss, as well as skin and nerve problems. The grapefruit-flavored soda, Fresca, also contains the ingredient. 3. Kraft Stove Top Stuffing . Kraft Stove Top stuffing might make weeknight dinners easier, but it also contains the same BHT discussed earlier and found in American breakfast cereals, including Honey Bunches of Oats and even the popular Wheat Thins, as well as BHA, which as we have already seen, at high doses causes cancer in rats, mice and hamsters, thus resulting in bans in the EU, Japan and elsewhere. 4. Little Debbie Swiss Rolls. Products in the European Union containing Yellow 5 and Red 40 carry warnings that they cause adverse effects in children, but you won’t find that warning on a box of Little Debbie Swiss Rolls in the U.S. Norway and Austria have banned the snack cakes outright. Some cereals, such as Lucky Charms, also use Yellow 5, Yellow 6 and Red 40, despite being known to cause itching and hives for some. 5. Ritz Crackers and Coffee-mate. Trans fats were officially banned in the U.S. in 2018; however, some trans fats such as partially hydrogenated soybean and cottonseed oils can still be found in popular products such as Ritz Crackers, Coffee-mate creamers and even those buttery Pillsbury Biscuits. These ingredients are also banned in Switzerland, Austria, Hungary, Iceland, Norway and Denmark. I could go on but you get the picture. As the Warnings Doctor, my advice to you is the same advice I got from my Jewish grandmother: "If it's from the farm, it's probably great for you, but if it's from a factory, not so great!"
By Gerald Goldhaber 05 Sep, 2023
What are PFAS? PFAS are a group of manmade chemicals used in a vast number of consumer and industrial products. They’re often referred to as “forever chemicals,” because most don’t break down. PFAS stands for per-and polyfluoroalkyl substances, which contain a strong carbon-fluorine bond that allows them to accumulate over time in the environment and in the bodies of animals and people, posing health risks. PFAS chemicals might also be thought of as “everywhere chemicals,” since they’ve become so common in the products we use every day.
By Gerald Goldhaber 03 Aug, 2023
A new energy drink has taken the market for such beverages by storm and have achieved a cult like status thanks in no small part to the fame of the beverage's creators, YouTube stars Logan Paul and KSI, who together have over 40 million subscribers. The drink is branded Prime Energy and is a highly caffeinated beverage in brightly colored cans with flavors such as Ice Pop and Tropical Punch.
By Gerald Goldhaber 06 Jul, 2023
A month ago, I had no idea what AirNow was or what its ratings indicated. Today, it is an App on my IPhone that tells me the air quality rating for a given city at a given time. AirNow's scale ranges from 0-500. The higher the AQI value, the greater the level of air pollution and the greater the health concern. For example, an AQI value under 50 represents good air quality, a rating between 50-100 is moderately acceptable, a rating between 100 and 150 is unhealthy for sensitive groups (e.g., elderly or very young people, folks with lung or heart conditions, etc.), a rating of 150-200 is unhealthy for most people (and is typically called the Red Zone), 200-300 is very unhealthy and over 300 is hazardous for everyone. Let me repeat: the rating in Buffalo was 179, clearly in the danger zone of unhealthy for most people.
Show More
Share by: