Buckyballs® Strike Back: Former CEO Sues CPSC

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In May 2013, the Consumer Product Safety Commission (CPSC) took the unprecedented step of naming Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings, LLC, the manufacturer of Buckyballs®, in order to hold Zucker personally liable for a product recall. In the Matter of Maxfield & Oberton Holdings, LLC, CPSC Docket Nos. 12-1, 12-2, 1302 (May 3, 2013). Now Zucker has taken an equally unprecedented step: he has sued the CPSC for injunctive relief and a declaration that the CPSC’s actions violate his First and Fifth Amendment rights.

ZUCKER IS NAMED BY THE CPSC -

In its May 2013 filing, the CPSC sought to force Zucker, the former CEO of Maxfield & Oberton (“M&O”), to personally conduct recall and remedial efforts for Buckyballs®, the high-powered magnets that the CPSC has ordered off the market due to injuries caused by ingestion of the magnets. If the CPSC prevails, Zucker would not only have to personally fund the recall efforts, but he would also be financially responsible for refunding customers the purchase price of the Buckyballs®.

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