CPSC Removes Magnet Set Standard Vacated by Court, Will Issue New Proposal

The Consumer Product Safety Commission on March 7 removed from its regulations the safety standard for magnet sets, in a final rule (here). The controversial standard, which had taken effect in April 2015 (see 14100214), was vacated by the U.S. Court of Appeals for the 10th Circuit in November based on what the court said were incomplete cost-benefit analyses (see 1611230035). The court’s order took effect Nov. 22, 2016. The Commission approved on March 1 a directive to staff to prepare a new proposed magnet set standard that addresses the court’s holding, Commissioner Elliot Kaye said in a statement (here) following the vote. The Commission split three to two, with Commissioners Kaye, Robert Adler and Marietta Robinson favoring a new proposed rule and Chairman Ann Marie Buerkle and Commissioner Joseph Mohorovic voting against it.

(Federal Register 03/07/17)