Buckyballs Manufacturer Files Response to CPSC Lawsuit
Maxfield & Oberton, the manufacturers of Buckyballs and Buckycubes, formally responded Tuesday to the Consumer Product Safety Commission's (CPSC) administrative complaint that seeks to stop the sale of the high-powered magnets. Originally filed in July, the CPSC's lawsuit asserts that the small magnets pose a danger to children when swallowed and should be pulled from shelves.
In a press release, Maxfield & Oberton called the CPSC's lawsuit "arbitrary, capricious and wholly without merit." In its filing, the manufacturer made the responded to the CPSC's suit with the following points:
- That the products are not defective and adhere to all federal safety standards
- The complaint is not based on a reasonable assessment of risk, and is inconsistent with the commission's internal standards.
- The CPSC failed to take action against online vendors that incorrectly and illegally promoted the products as "children's toys."
- The commission did not fairly consider a voluntary plan submitted by Maxfield & Oberton the day before the CPSC filed the lawsuit.
"We are more emboldened than ever to continue fighting this egregious action, and today have posted nearly 2,500 comments related to this proposed ban," said Craig Zucker, Founder and CEO of Maxfield and Oberton. The list of comments is available on the company's website.
Last week, the commission filed a lawsuit against fellow magnet manufacturer Zen Magnets. Shihan Qu, founder of Zen Magnets, also vowed to resist the stop-sale order, saying the CPSC "lacks perspective in their current attempts to ban magnets."
Pressure from the CPSC has caused 11 other manufacturers to pull their products from U.S. shelves. Yesterday, Dubai followed the U.S. commission's lead and banned the item from all stores across the emirate.
Related story: CPSC Sues Buckyballs, Seeks Ban and Refunds for Products