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Statement of Acting Chairman Peter A. Feldman on Auto-Mark v. CPSC

Statement of Acting Chairman Peter A. Feldman on Auto-Mark v. CPSC

December 22, 2025

The U.S. Consumer Product Safety Commission (CPSC) appreciates the clarification provided by the federal court in Auto-Mark v. CPSC (D. Minn.) regarding the proper scope of the Portable Fuel Container Safety Act (PFCSA). The court’s decision in Auto-Mark makes clear that the Commission’s efforts under the Biden Administration to regulate fuel additives under the PFCSA expanded the agency’s regulatory reach beyond what Congress authorized. This ruling is a win for American businesses and consumers alike.

The government has elected not to appeal the court’s ruling. The Commission’s prior position on fuel additives exceeded the agency’s authority under the statute, was unsupported by incident data, and imposed significant and unnecessary costs on products. Such an approach threatened both the availability of lawful products and the viability of the businesses that manufacture them.

Consistent with this decision, CPSC will make permanent any necessary regulatory clarifications to ensure the agency’s rules fully align with the agency’s statutory authorization. In the interim, the Commission will continue to exercise appropriate regulatory discretion consistent with the text of the PFCSA.

President Trump’s CPSC will continue to foster a regulatory environment that encourages safety, affordability, and the growth of American businesses without imposing unlawful rules on them. We remain committed to focusing CPSC enforcement and regulatory resources on legitimate safety issues, where the evidence shows federal intervention is necessary to protect Americans from harmful consumer products, while following the important limits Congress has placed on the agency’s authority.

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