According to a news source, the company that makes Buckyballs®, a product intended as an adult desk toy that contains numerous high-powered magnets, has responded to the administrative complaint filed against it by the Consumer Product Safety Commission (CPSC). Details about the CPSC action, which seeks to prohibit the toys’ importation and distribution, appear in the August 9, 2012, issue of this Report. The company reportedly argues that the action is “arbitrary, capricious and wholly without merit” and will put the small company out of business if it succeeds. Maxfield and Oberton Holdings LLC, which makes the toy, asserted when announcing its answer that the company had not failed to comply with any applicable rule, regulation, standard or ban. “CPSC seems intent on creating a new rule to ban our product,” the company said. See Bloomberg BNA Product Safety & Liability Reporter, August 14, 2012.
“CPSC seems intent on creating a new rule to ban our product,” the company said.
Meanwhile, CPSC has also filed an administrative complaint against Zen Magnets, LLC, calling for its products, which contain “anywhere from 72 to 1,728 small magnets,” to be designated as presenting a “substantial product hazard.” CPSC’s complaint counsel requests an order requiring that Zen cease importation and distribution of the products. According to the complaint, the products pose a risk of injury to children because “they are marketed to appeal to both children and adults. The Subject Products are marketed as ‘fun to play with’ products that ‘look good on cute people.’” See Federal Register, August 10, 2012.