CPSC Recall Snapshot: April 2016

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Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot.

Last month, Administrative Law Judge Dean C. Metry issued a ruling against the CPSC in litigation with Zen Magnets over its small-diameter magnetic balls. After a roughly two-week hearing in 2014, Judge Metry ruled that Zen’s magnetic balls were not inherently unsafe because they only pose a danger when they are separated into individual balls and then swallowed, which is not the intended use of the product. Judge Metry further found that at least from 2012 onward, Zen had provided adequate warnings about the magnetic toys’ potential risks of ingestion and injury. The company’s statement on this latest ruling can be found here. This isn’t the end of the story, however, because just a week before this ruling, a different judge ordered Zen to recall magnet sets that contained magnets purchased by Zen that had been recalled by another manufacturer. We will continue to keep you abreast of ongoing developments in the magnetic ball saga.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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