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The CPSC opened a can of worms when it went after former Buckyballs CEO Craig Zucker in his personal capacity earlier this year. His transgression? Refusing CPSC's request to voluntarily and permanently remove his company's entire Buckyballs product line from the marketplace. Attorneys from Keller and Heckman shred the rationale for the agency's misguided decision—and question the Administrative Law Judge's actions to date.
The authors primarily take issue with suing Zucker personally. "Individuals," they point out, "do not check their free speech rights at the door when they disagree with agency actions and exercise their rights to object."
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