I read that more as attempting to appease the CPSC and avoid an import ban and mandatory recall. It's abundantly clear that the CPSC has chosen to take actions that are substantially out of line with the actual level of hazard posed by such products.

Anyway, do you have access to complete photos of all of the various revs of the packaging? I'm interested in seeing if there was ever a point at which a reasonable person would look at the packaging and accompanying instructional material and get the impression that either

* These would be okay things to give to children who would be unable to understand that swallowing them might be hazardous.

or

* There isn't any significant hazard posed by swallowing the magnets.

> I read that more as attempting to appease the CPSC and avoid an import ban and mandatory recall.

I'm not sure what you're saying here. They were careless with the packaging and didn't make clear the risks, until they were regulated, and they resisted the regulation until they were faced with a ban.

> It's abundantly clear that the CPSC has chosen to take actions that are substantially out of line with the actual level of hazard posed by such products.

I'm not sure it is abundantly clear.

Toys have very strict standards requirements. These items are sold as toys, alongside other toys, albeit (more recently) sold to adults not children.

But even though they're not sold to adults there were many children being injured by these magnets - more serious injuries than other toys. You can't (and shouldn't) eliminate all risk, but you should take some effort to reduce risk of death or surgery.

> I'm not sure what you're saying here. They were careless with the packaging...

I expect that some manufacturers were. Until we see the packaging we can't determine if Zen Magnets was being careless.

The responsible distributors that I've seen all have the same story: "No amount of packaging changes have satisfied the CPSC. They won't be satisfied until noone is permitted to manufacture within or import SREM magnet sets into the US.".

I've looked at the rejected packaging from responsible distributors. The packaging makes it abundantly clear that those are not children's toys. I've read the documentation shipped inside Buckyballs magnet sets. It makes the dangers of ingestion of the magnets in the sets very clear.

Because what I can see with my eyes differs so wildly from what the CPSC is asserting about manufacturer's packaging, and because (as the ALJ found) what the CPSC is asserting about injury rates and the like isn't actually credible, I take what the CPSC has to say about the topic with a very large grain of salt.

It's one thing to prohibit the sale of inadequately or improperly marked SREM magnet sets. It's another thing entirely to ban the production and/or importation of all SREM magnet sets, regardless of how well marked they are.

You dig?

I agree that their early packaging was inadequate. I had an early set, and I don't recall it conveying how dangerous swallowing two or more magnets can be. (Swallowing one is fine unless you need an MRI.) They were required to update their warning labels, and I'm fine with that.

My problem is that they'd updated the warnings as required and then were hit with a blanket ban that applies regardless of how and where they are labeled and sold. It's not even about punishing a particular company that was misbehaving; it applies to all potential sellers.

That's stupid. There's no good reason why an informed adult should be forbidden to buy little magnets.