Appeals Court Vacates CPSC Safety Standard on Magnet Sets
The U.S. Court of Appeals for the 10th Circuit on Nov. 22 vacated a safety standard issued by the Consumer Product Safety Commission on magnet sets (here), finding CPSC did not adequately address certain issues related to costs and benefits…
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of the standard. The appeals court found the 2014 final rule that set the standard did not fully weigh injury risks and the public’s need for the magnet sets versus the rule’s effect on their utility and availability. The 10th Circuit had delayed enforcement of the safety standard in 2015 (see 1504060015), based on a complaint filed by the only remaining U.S. distributor, Zen Magnets. CPSC had increased enforcement efforts on magnets sets after finding they pose a risk to children that ingest them (see 12122017 and 14051419). The vacated standard now goes back to CPSC to give the agency a chance to address the issues raised by the appeals court.