Date: 03-03-2025

Case Style:

Magnetsafety.Org, et al. Consumer Product Safety Commission

Case Number: 22-9578

Judge: Moritz

Court: United States Court of Appeals for the Tenth Circuit (Denver County)

Plaintiff's Attorney: Gregory Dolin, New Civil Liberties Alliance, Washington, D.C.

Defendant's Attorney: Adam C. Jed, U.S. Department of Justice, Civil Division, Washington, D.C.

Description: The New Civil Liberties Alliance challenged the issuance of regulations by the Consumer Product Safety dealing with small, high-powered magnets that can cause serious injury, and even death, whe ingested by children.

"The small, powerful magnets at issue here come in various shapes, such as
spheres, cubes, or cylinders, and can be assembled to create jewelry, sculptures, and
puzzles. See Safety Standard for Magnets, 87 Fed. Reg. 57756 (Sept. 21, 2022) (to be
codified at 12 C.F.R. §§ 1262.1—1262.5 ) [hereinafter Final Rule ]. Although
seemingly innocuous, these consumer products carry a “unique, hidden hazard” that
can have catastrophic consequences. Id. at 57772. When a child ingests two magnets,
or one magnet and another magnetic object (called a “ferromagnetic object”), the
attraction is so strong that they attempt to connect within the body, typically in the
digestive tract. 1 Id. at 57758. The magnets can then clamp tissue, cutting off blood
supply and resulting in necrosis in the intestines. Id. In other cases, the magnets rip
through the tissue, releasing intestinal contents into the body, which can lead to
sepsis. Id. at 57759. In one study of roughly 600 ingestions, more than half the
children treated required hospitalization, and nearly 10% died. Id."

The Commission initiated a rule making process in 2012.

Outcome: Finding that there was substantial evidence to support the Commission's action, the Tenth Circuit Court of Appeals denied the petition filed by the Petitioner challenging the regulation.

Plaintiff's Experts:

Defendant's Experts:

Comments: