DENVER (Legal Newsline) – A Colorado maker of small magnets is seeking a review of an order filed by the U.S. Consumer Product and Safety Commission that ordered a stop sale of the product.
Zen Magnets LLC filed a complaint on Nov. 6 in the U.S. District Court for the District of Colorado against U.S. of America Consumer Product Safety Commission seeking injunctive and declaratory relief.
According to the complaint, the plaintiff manufactures small rare earth magnets. The suit states in 2012, the defendant initiated an administrative adjudication against the plaintiff to seek a determination that the plaintiff's product presented safety hazards. The plaintiff alleges in March 2016, an administrative law judge allowed the plaintiff to continue selling its product, ruling that the plaintiff's warnings on them were appropriate.
The plaintiff alleges that while the case was pending, the defendant made a ruling on a safety standard for magnet sets. The plaintiff challenged the standard in the 10th Circuit Court of Appeals in April 2015, the suit states, and the court granted the petition and vacated the standard in November 2016.
After more legal proceedings, the suit states the defendant issued a final decision Oct. 26. The order states that the plaintiff's product is a hazard and ordered a stop sale of products.
The plaintiff holds United States of America Consumer Product Safety Commission responsible because the defendant allegedly violated plaintiff’s due process rights and alleges the commission was biased.
The plaintiff seeks to set aside the final decision and order, fees, costs, and further relief in law and/or equity that the court deems just. It is represented by David C. Japha of Levin Jacobson Japha PC in Denver, Colorado.
U.S. District Court for the District of Colorado Case number 17-cv-02645