CPSC’s Legal Action against Buckyballs Will Continue

A decision by Maxfield & Oberton to stop producing its Buckyballs and Buckycubes does not end CPSC’s ongoing legal action against the firm, both sides confirmed. The reason is that the agency seeks a corrective action, but the decision does not affect sold units or those still for sale.

Indeed, at the top of the company’s website, getbuckyballs.com, it posted, “We still have a few thousand sets in stock, but once we sell through those, they’re gone for good.” It includes a link for buying the products. Further down the page, it suggests it is working on a replacement line, writing, “And while we get ready for the next generation of Bucky, there’s still unlimited fun to be had with Bucky Bigs and Buckybars.” The latter products, which are larger, are not the targets of CPSC action.

Small, high-powered magnets made by numerous companies, including Maxfield & Oberton, also are the target of a CPSC notice of proposed rulemaking (PSL, 9/3/12, p. 1) that agency staff said “essentially” would ban the items sold as adult amusements but which have been involved in ingestion injuries to children. The rule would focus on banning magnets with flux indexes of 50 or greater and which fit in the small parts cylinder. Interestingly, the company had sought an alternative rule (PSL, 9/10/12, p. 1) that would have focused on warnings and labels under Section 7 of the CPSA as well as educational campaigns.

Prior to CPSC’s legal action (PSL, 7/30/12, p. 1), the company had spearheaded an effort to organize fellow makers in creating a voluntary standard (PSL, 7/2/12, p. 1). CPSC has a second complaint against a similar firm, Zen Magnets (PSL, 8/13/12, p. 1).