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

The CPSC again saw multiple noteworthy events occur in October. On October 26, 2017, the CPSC issued a final decision and order on Zen Magnets and Neoballs rare-earth magnet sets. The order set aside an administrative judge’s 2016 ruling that the magnet sets did not present a substantial product hazard when accompanied by proper warnings and age recommendations. The CPSC found the magnet sets to be a substantial product hazard and ordered a stop sale of the magnet sets. Specifically, the CPSC determined that warnings do not mitigate the substantial risk to the public the magnet sets create and held that it is reasonably foreseeable that children will ingest the magnet sets. Once ingested, the magnets can attract each other and other metal objects, leading to the magnets becoming lodged in the digestive system. The parties were ordered to submit to the CPSC within 30 days a proposed corrective action plan that includes a refund and notice to the public.