CSPC Could Add Individually-Sold Units to Magnets Proposal

Magnets sold at per-piece prices would be covered under revisions urged by CPSC staff for the proposed rule for small, strong magnets. The original proposal (PSL, 8/13/12) aimed to ban sets containing units that fit in a small-parts chamber and that lack flux indexes less than 50. However, explained the briefing package made available September 3, the agency is aware of existing and previous pricing structures that might get around the sets specification such as 10¢-per-magnet with a $5.00 charge to send many individually-sold units in a single shipment.

CPSC would address another potential loophole by replacing the phrase “intended or marketed by the manufacture primarily” with “intended, marketed or commonly used.” The phrase after both versions is “as a manipulative or construction item for entertainment, such as puzzle working, sculpture building, mental stimulation, or stress relief.” The additional focus on consumer use is aimed at stopping companies from asserting in marketing and instructions that, for example, the items are for science kits only. The agency said it would look at information such as users’ reviews on manufacturers’ websites or injury reports to decide common uses regardless of companies’ asserted intended uses.

Other suggested changes include:

• Replacing the term desk toy with item to ensure that products not labeled as “desk toys” still would be covered.

   

• Replacing the word children with consumer because incident data show that teens are a subgroup at risk of injuries.

   

• Removing permanent from “separable, permanent magnetic objects” because temporarily-magnetized items still would be risky.

   

• Adding clarification on deciding if products meet the definition of magnet set. This includes not only marketing, labeling, and packaging, but also common consumer use considerations.

The package includes a lengthy section with responses to complaints about the proposal, including 1st Amendment worries.

Read it at www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2014/SafetyStandardforMagnetSets-FinalRule.pdf.

CPSC has a September 10 briefing scheduled on the new proposal.