Recently, the Consumer Product Safety Commission obtained an unprecedented ruling when Administrative Law Judge Dean Metry granted leave to Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings LLC, the manufacturer of Buckyballs. In the Matter of Maxfield & Oberton Holdings LLC, CPSC Docket Nos. 12-1, 12-2, 13-2 (May 3, 2013).

The complaint seeks an order forcing Zucker, the former CEO of Maxfield and Oberton, to conduct a recall and remedial efforts for Buckyballs, the high-powered magnets that have been under stringent CPSC scrutiny since 2011 due to injuries caused by ingestion of the magnets. This order signals a new enforcement tool that the CPSC is willing to use to negotiate recalls and penalties with consumer product manufacturers.

Originally published in Law 360 on June 11, 2013.