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Safety Standard for High-Powered Magnets on Hold After Court Ruling

Thursday, April 09, 2015
Sandler, Travis & Rosenberg Trade Report

Enforcement of a new national safety standard for high-powered magnet sets that can be used to create sculptures and artistic designs has been delayed by a federal appeals court pending its final ruling on a challenge to the standard by the last remaining manufacturer of the covered items.

Under the new standard promulgated by the Consumer Product Safety Commission, if a magnet set contains a magnet that fits within the small parts cylinder that the CPSC uses for testing toys, all magnets from that set must have a flux index of 50 kG2 mm2 or less. If a magnet that is part of a magnet set (or an individual magnet, as defined) is too large to fit within the small parts cylinder, the magnet meets the standard regardless of its flux index.

The standard was to have applied to all magnets sets and relevant individual magnets manufactured or imported on or after April 1, and press sources state that it would have effectively banned such items still on the market. However, the 10th Circuit Court of Appeals issued a temporary stay of enforcement of the standard that day and ordered the CPSC to respond by April 14.

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