Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
Nov. 22 — Zen Magnets, LLC scored a win when the U.S. Court of Appeals for the 10th Circuit threw out a final rule that restricted the size and strength of its rare earth magnets ( Zen Magnets, LLC v. Consumer Product Safety Commission , 10th Cir., No. 14-9610, 11/22/16 ).
The Consumer Product Safety Commission failed to meet the requirements of the Consumer Product Safety Act for issuing a safety standard, the court said Nov. 22 in a 2-1 opinion.
The commission must make findings regarding the costs and benefits of a safety rule, and then must balance the costs and benefits to determine whether the rule is justified, the court said.
According to the court, the commission’s factual findings supporting the rule were incomplete and inadequately explained.
Specifically, the CPSC didn’t address ambiguities in data underpinning its findings as to the risk posed by magnet sets, the public’s need for them—for example, in education—and the rule’s effect on their utility and availability, the court said.
The court remanded the matter to the commission.
High-powered magnet sets have been associated with abdominal injuries. If two or more are ingested, they can damage intestinal tissue that gets clamped between them, the court said.
The CPSC said in the briefing package for the final rule there were 2,900 incidents related to children and teenagers ingesting magnets between January 2009 and December 2013, including one reported death of a toddler.
The commissioners approved the final rule Sept. 24, 2014.
Judge David M. Ebel wrote the majority opinion, joined by Judge Neil M. Gorsuch.
Judge Robert E. Bacharach dissented, saying he would have denied Zen’s petition for review of the rule.
The Law Offices of David C. Japha, P.C., represented Zen Magnets, LLC.
The U.S. Department of Justice represented the CPSC.
To contact the reporter on this story: Julie A. Steinberg in Washington at email@example.com
To contact the editor responsible for this story: Steven Patrick at firstname.lastname@example.org
The opinion is available at http://src.bna.com/kf0
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)