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Monday March 05, 2018

Zen Asks Court to Reverse CPSC in Magnets-Recall Case

Zen Magnets February 27 asked the Colorado U.S. district court in Denver to vacate last fall's decision by CPSC members in the long running magnets recall case. The company's 24-page motion for summary judgement (bit.ly/2FJMA5y) argues that the agency's lawyers failed to meet "evidentiary burden of proving Zen’s products present a substantial product hazard." This echoes an administrative law judge's decision (PSL, 4/11/16) that nonetheless ordered a limited recall.

 

In the new filing, Zen complained, "Because of the majority’s predetermined conclusion that Zen’s products pose a substantial product hazard, [CPSC's final decision and order (FDO)] made legal and factual findings unsupported by the record and contrary to the Commission’s own regulations, as recognized by the FDO dissent."

 

That dissent (PSL, 11/6/17) was by Acting Chairman Ann Marie Buerkle, who was on the losing side of a 3-1 party-line vote to set aside the ALJ's 2016 decision.