ICPHSO Pays Tribute to David Schmeltzer

A Tribute to David Schmeltzer
1/24/2021

On Friday, January 22, 2021, ICPHSO Founding member, long time public servant and advocate for consumer product safety passed away after suffering a stroke.   The impact David had on the global product safety community for over 50 years is immeasurable.  Below is a very brief summary of David’s life in product safety as well as a sampling of comments received from friends and colleagues remembering David.

January 1998 – 2021

David Schmeltzer was a product safety consultant who specialized in matters involving the U.S. Consumer Product Safety Commission (CPSC). He represented a major recall service provider as well as a major importer of juvenile products and acted as a CPSC Consultant with a New York law firm.  David’s clients were mostly small and medium manufacturers, vendors, and importers of products regulated by the Commission.  He represented companies in matters before the CPSC and its staff, such as mandatory reporting obligations, negotiating product recalls, product defect investigations, regulatory compliance, and civil penalty matters.

September 1973 – December 1997

As Director of Compliance at the CPSC he supervised the enforcement of all the Commission’s regulations, monitored investigations of potentially dangerous defective products, negotiated voluntary corrective actions to address substantial hazards, reviewed the adequacy of voluntary and mandatory consumer recalls and assessed civil penalties for violations of the Commission’s laws and regulations. Dave directed a staff of over 50 that included attorneys and compliance officers.  As Director, Dave believed in transparency and working with parties to obtain the desired effect to improve product safety.  As a result, he worked with various industry members, trade associations, other regulators both domestically and globally, NGO’s, and the families of victims of product safety incidents to facilitate significant product safety advances during his tenure as Director of the Office of Compliance. David also initiated cooperative training programs in China and Europe to reach actual consumer product manufacturers in an effort to design safety into the products being exported into the USA.

While David, believed in the cooperative nature of product safety enforcement, he was not hesitant to use the enforcement tools available to the Commission to ensure compliance with regulations where a company or industry would not cooperate.  David advised and guided many different Commissioners and Chairman from all political parties during his tenure where he earned their confidence and trust. 

David also implemented a number of “team building and wellness” activities for the staff he oversaw and staff throughout the agency, including annual picnics, holiday parties for staff and their children, softball and tennis competitions, fishing trips, weekly lunches, and opportunities for staff to explore different career options within the agency or in other organizations.  As a result of his interest in staff wellbeing, he was well liked and often mentored less senior staff.  He supervised primarily through consensus, always building coalitions in an effort to achieve the best solution to whatever problem was being addressed.

January 1967 – September 1973

Assistant Chief Counsel, National Highway Traffic Safety Administration
Among other areas of responsibility, David oversaw the first agency efforts to develop and implement a tire grading system to ensure the safety of tires used on all vehicles.

Education:

1957-1960 – Brooklyn Law School (Bachelor of Law)

1953-1957 – Long Island University, Brooklyn Campus

Letter to the Dave’s former colleagues, ICPHSO Board Members and Many Friends within the Global Product Safety Community , Saturday, January 23, 2021:

Dear Product Safety Pioneers, Colleagues, and Friends of David Schmeltzer, 

It is with much sadness that I write this email to let you know that our dear friend and colleague passed away last night.  About a week ago, Dave had a stroke and while the initial outlook was positive, this was one battle he was not able to overcome.  At 90 years young, Dave was still working and fighting for product safety up until the end doing what he thought was best for consumers.  Everyone he met, became an instant friend and he always saw the good in all.  As many of you know, Dave was a fighter - whether it was taking on companies or organizations to ensure product safety, fighting cancer, fighting COVID or various administrations to ensure the voice of the consumer would always be heard, Dave never backed down from an opportunity to represent those who had no other representation.  His life was dedicated to public service and bringing people together.  This was best exemplified by him being one of the Founders of the International Consumer Product Health and Safety Organization (ICPHSO) and being a long time Board member, speaker, sponsor, volunteer, and greeter to all.  He loved nothing better than to attend our conferences and schmooze.  This was his element, having the product safety community all together where he could meet and greet (and hopefully not run into you in his scooter!) and relay his lifelong journey in product safety.  But it was not only discussions on product safety, but he would also share his stories of growing up in Brooklyn and the days he worked at a garage or his days working as a waiter in the mountains of New York.   Even with our switch to virtual conferences, Dave would appear and was still actively engaged.   

I met Dave over 40 years ago when he first hired me in the Office of Compliance at CPSC when he was the Director of Compliance.   He took me out of the Hotline and gave me a career opportunity that I never expected.  Dave was a lifelong mentor and friend to many of us.  Who can forget his annual Christmas parties where he encouraged staff to bring their family, or the annual softball games and picnic or his tennis competitions.  He played as hard as he worked and along with his wife Louise and son Daniel, he made everyone always feel better about themselves.  And every Friday, we could be found at Foong Lin in Bethesda! 

Through it all, Dave never lost his sense of humor or stopped working.  He lived his life with dignity and purpose and as a result of his public service, countless lives have been saved and injuries prevented from actions he directed as the head of Compliance at CPSC and afterwards. 

There will be a celebration of Dave’s life after the pandemic ends.   

Regards,

Marc Schoem

Comments and responses received from colleagues and friends: (some have been edited)

This hit me like a blow to the chest.  After all he's been through, I  thought Dave was invincible.  
Dave was usually the one who would pull me off the ceiling when I was letting emotion override reason.  He loved people and stories - his and theirs..  He offered everyone the chance to "come and  reason together."  [Churchill]  We could have a heated discussion in the morning then he would ask me to lunch  at noon.  What I wouldn't give for one more order of Kung Pao chicken at Foong Lin with Dave.

*****

I didn’t know Dave very well – I met him ‘officially’ during the bag stuffing for the annual symposium last year.  He was part of the group that sat around and chatted once we were done. I remember him as funny and entertaining and definitely liked a laugh.  He had so much energy - I had no idea he was 90! I am sorry I wont have a opportunity to get to know him better. 

*****

Dave was a special person who hired and inspired so many of us.  The evolution of the CPSC Compliance effort and the Commission as a whole owes much to his heart, intellect, and example.  He was our leader, camp director, and teacher.  We were very lucky to have him in our lives.

*****

This is a beautiful e mail about this sad news. What a nice tribute to the great David Schmeltzer. I was beginning to believe he was actually immortal.

*****

Such sad news.  Dave was a great person and I always enjoyed connecting with him.  In fact he helped me out a few years ago with a car related item – because that’s just how he was – always looking to help. My condolences to his family and may his memory be a blessing.

*****

This is very sad.  I considered Dave to be my friend and advisor.  I engaged him to introduce me to the DC inner circle and help spread the word about the new safety practice I was developing for the firm.  We spent a lot of time together and shared a lot of laughs.  I will miss him.

*****

I feel I was a relative newcomer, having met David only 26 years ago, but thankfully David  pulled me into his orbit.  We became friends quickly after I started at CPSC in ‘94, although only after David and another colleague came to my office on what I think was my first day suggesting that I reallocate about 1/2 of the OGC attorneys to work for David in Compliance.  I was not sure how that would have worked out, and of course it ultimately happened long after he and I had left CPSC, but I knew enough that you are not supposed to give up 1/2 of your staff on day 1.  

David had that NYC/Brooklyn bluntness that I love, and mostly used it with a smile even while trying to raid OGC. Twenty-five years later some of my best breakfasts of all time were sitting with David periodically, listening to him tell stories of his youth, discussing his latest matters (regardless of whether the client could pay - “I have everything I need, what would I do with the money”), updating one another on our families (his love and pride of Louise, Daniel and Daniel’s son always came through strongly), and gossiping about CPSC (the agency he loved). Finally, David had 9 lives, and he lived each of them fully, much to our great benefit. I miss David already. He will permanently be in my heart and the hearts of the many people he has touched. 

*****