Magnetsafety.Org, et al. Consumer Product Safety Commission

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.

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.