Effective from 7 March 2017, the Consumer Product Safety Commission (CPSC) removed1 its final rule on safety standard for high-powered magnet sets. This action responds to a United States Court of Appeals for the Tenth Circuit decision2 to overturn the rule that prohibits the importation and distribution of the products. The court vacated the standard and remanded the case to the CPSC.
“Magnet sets” typically comprise of 100 to 200 small and high-powered magnets that have been marketed as adult desktop novelty. In response to children’s injury reports, The CPSC evaluated and concluded magnet sets can cause serious intestinal injuries when two or more magnets are ingested. Under the now-removed standard3, if magnet set contains a magnet that fits within the small parts cylinder, each magnet in that set has to have a flux index of 50 kG2 mm2 or less.
The court concluded that the CPSC‘s findings are incomplete and inadequately explained. The final rule also has scope expansion from the proposed rule, and the Commission has failed to provide sufficient notice to interested parties during rulemaking.