CPSC says the quiet part loud

Since 2016, the CPSC has conducted little to no enforcement of the US magnet safety laws. Thousands of listings of hazardous magnets sales later, there was a new all-time-high rate of magnet ingestions in 2019. 

We've previously highlighted the CPSC's duplicity in allowing thousands of new injuries through neglect of the US toy safety law (ASTM-F963) to further their game of political football. Suspected that they were likely collecting more injuries to fuel the touchdown they've been aiming for the whole time:  A complete all-ages nationwide prohibition of neodymium magnet spheres. "Look at all these new magnet ball injuries caused by sales directly to kids, ban all the magnets!", we thought they'd say. Well, the sentiment previously forecasted, is now real.

The new ASTM rule for magnet sets is nearing it's final form. This month, by voting against the standards with requirement of child resistant packaging in the development of new magnet safety laws, the CPSC and their prohibition partners like AAP have said the quiet part loud: It's not about safety, it's about scoring a touchdown on the same ban they've been pushing for since 2012. 

When we set on the journey to help make new magnet regulation, we wanted this new rule not just to be safe, but to be so strong, so damn over-abundantly cautious that it bordered authoritarianism. We wanted it to be unassailable. That's what what was in the back of our minds when we pushed for the child resistant packaging requirements, on top of the multiple strong warnings (that are themselves much stronger than fireworks and trampolines), and sales restrictions that prevent sales as a children's product. "They'll see that we're on the same side, and we'll work together to make them safer without removing consumer consent". Right? Hahaha

No. They voted against it anyways.

The reasons given by the magnet prohibitionists for voting against the standard can be summarized in their claim that "this standard ... fails to address the safety of the product itself and only addresses marketing, labeling and packaging". In not so many words, they want a ban just like in 2012, and have not shown the willingness to consider other options, even though that's exactly what a federal court told the CPSC to do in 2016.

Never-mind that the median age of Zen Magnets users is 34 years of age, and our company is living proof that multiple strong warnings, packaging design, and sales restrictions can be effective at reducing injuries. (In our case, to zero injuries.) Never-mind that warnings are the social contract which allows society to exercise responsibility with products that require it.

If safety was their goal, there is nothing stopping them from still also pushing for a full ban on magnet spheres if they weren't satisfied with the results after the new ASTM Magnet Set standard was implemented and adopted. Instead of working together in a rush to prevent injuries, the CPSC and their proud group of lobbyist cheerleaders are so deeply attached to their 2012 identity of banning magnets, that they've seemingly lost sight of their true purpose on the matter. 

If you'd like a more technical summary, and a deeper dive into the details like the statements bundled with the negative votes on the ASTM rule, we'll send part 2 of this newsletter to the "Legal Battle" interest subscribers of

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