Consumer groups oppose product safety nominee

WASHINGTON – President Bush’s choice to head the Consumer Product Safety Commission worked as a lobbyist to block state “fire-safe” cigarette laws. He could be charged with setting similar rules nationwide if his nomination is confirmed.

Michael Baroody, head lobbyist at the National Association of Manufacturers, pressed then-Gov. George Pataki of New York in 2000 to veto a bill requiring that cigarettes sold in the state be “fire-safe,” meaning they extinguish if left unattended.

In a letter to Pataki, Baroody echoed tobacco companies’ argument that requirements for such cigarettes should be set at the federal level by the CPSC.

As tobacco companies continue to push for the commission to pre-empt state laws by setting national standards for fire-safe cigarettes, Baroody awaits Senate confirmation to be its new chairman. The Senate Commerce Committee has scheduled a hearing for May 24.

In his letter to Pataki in 2000, Baroody noted that the manufacturers’ association was “concerned about the broader implications for other industries.” If states set safety standards for cigarettes or any other product, he said, manufacturers could be forced to make different versions for each state. Ten states have adopted fire-safe cigarette requirements.

Baroody’s position “is the same as saying ‘I’m against fire-safe cigarettes,’ ” said Jim Shannon, who heads the National Fire Protection Association, a fire-safety group that writes model fire codes used by dozens of state and local governments. “The tobacco companies have adopted this tack because they know that if they can get it kicked over to the CPSC, they can get it tied up for years.”

Shannon’s group and the National Association of State Fire Marshals want Baroody’s candidacy rejected.

“As members of the Senate learn more about Mr. Baroody’s record, we’re hopeful they will judge (him) by his personal leadership abilities and clear commitment to consumer safety,” White House spokeswoman Emily Lawrimore said.