Posts Tagged ‘CPSC’

January 4 roundup

Circuit court strikes down CPSC rule on adult magnet sets

A Tenth Circuit panel has sent the Consumer Product Safety Commission back to the drawing board in its attempt to ban tiny magnet sets intended for adult use as a desk toy or creative outlet accessory. It ruled that the commission had not conducted an adequate cost-benefit analysis of the ban in line with the requirements of its enabling statute. We covered the CPSC’s legal vendetta against the defiant maker of BuckyBalls; the last surviving company to sell the product is Zen Magnets, which now is allowed to resume operations while the Commission goes back to the drawing board, assuming it decides to do so. [Nancy Nord] And: Nov. 29 statement from Zen Magnets; Abby Schachter, Weekly Standard; Brian Doherty, Reason.

July 20 roundup

  • Sens. Elizabeth Warren (D-Mass.), Dianne Feinstein (D-Calif.), and Brian Schatz (D-Haw.) call for federal investigation into AirBnB effects on housing market [Kevin Boyd, Rare] “Santa Monica convicts its first Airbnb host under tough home-sharing laws” [Los Angeles Times]
  • “Florida man claims he invented iPhone in 1992, sues Apple for $10 billion” [Don Reisinger, Fortune, auto-plays]
  • More on why Philadelphia soda tax is a bad idea [Baylen Linnekin, earlier here and here] Reining in FDA, legal home distilling, school lunch waste: 9 food issues for the next President [same]
  • Judge Alsup: once having launched infringement claim, mass copyright filer can’t escape counterclaim so easily by dropping it [opinion in Malibu Media v. John Doe (“motion seems more like a gimmick designed to allow it an easy exit if discovery reveals its claims are meritless”) via Techdirt]
  • IKEA dresser recall shows CPSC acting aggressively. Did it act wisely? [Abby Wisse Schachter, Wall Street Journal]
  • Don’t use “implied contract” to escape the implications of freedom of association re: cake-baking [David Henderson]

April 6 roundup

  • Do lawyers find ways to litigate over the effects of the leap day, Feb. 29, that is inserted into the calendar every four years? Glad you asked [Kyle White, Abnormal Use]
  • Weren’t regulations supposed to have fixed this, or is it that accommodation rules for air transport are legally separate from those for ordinary commerce? “More flights seeing odd animals as emotional support companions” [WHIO]
  • Tiny desk and art magnets: Zen Magnets wins partial but important legal victory against Consumer Product Safety Commission (CPSC) [Zen Magnets, Nancy Nord, earlier]
  • Federal government, which has passed no law on private-sector LGBT bias, considers withholding funds to punish North Carolina for declining to have one [New York Times; earlier on Obama EEOC’s wishful effort to generate such coverage through reinterpretation of other law]
  • Spirit of trade barriers: Nevada workers walk off job to protest use of workers from other U.S. states [Alex Tabarrok] Expansion of foreign trade “has revealed, not created, problems in the American economy” [Scott Lincicome] More: “Limiting trade with low-wage countries as severely as Sanders wants to would hurt the very poorest people on Earth. A lot.” [Zack Beauchamp, Vox; related Jordan Weissmann, Slate (what Sanders told NYDN “should be absolutely chilling to the developing world… inhumane”)]
  • Latest ICWA (Indian Child Welfare Act) cause célèbre is over 6-year-old Lexi, whose world is getting upended because of her 1.5% Choctaw descent (a great-great-great-great grandparent on her father’s side) [Christina Sandefur/Federalist Society blog, Naomi Schaefer Riley, New York Post earlier generally on ICWA and in my writing at Reason and Cato on the Adoptive Couple case]

Environment roundup

  • Safe Drinking Water Act along with other federal laws helped scare consumers away from public fountains and tap water, with unintended bad consequences for health and the environment [Kendra Pierre-Louis, Washington Post]
  • Austin, Tex. ban on plastic bags isn’t working out as intended [Adam Minter, Bloomberg View]
  • After BP’s $18.7 billion settlement with five Gulf states, here come huge private lawyer paydays [Louisiana Record]
  • Energy efficiency in durable goods: mandates “based on weak or nonexistent evidence of consumer irrationality” with government itself hardly free of behavioral biases [Tyler Cowen]
  • “How Trophy Hunting Can Save Lions” [Terry Anderson and Shawn Regan, PERC/WSJ]
  • CPSC’s hard line on CPSIA testing of natural materials in toys based on “precautionary principle run amuck” [Nancy Nord]
  • Is the ideal of sustainability one we ultimately owe to hunter-gatherers? [Arnold Kling]

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]

April 22 roundup

CPSC in a tangle

The dauntless Consumer Product Safety Commission (CPSC) aims its recall powers at the menace of yarn. “No injuries have been reported.” [Lenore Skenazy, Nancy Nord (“turning a quality problem into a safety issue takes the agency way outside its mandate”]

March 18 roundup

  • “The FAA Says You Can’t Post Drone Videos on YouTube” [Vice] Agency rethinking position following outcry? [Photography Is Not a Crime]
  • Rep. Jackie Speier (D-Calif.) proposes bill directing Consumer Product Safety Commission (CPSC) to issue safety rules for detergent pods [Paula Bolyard, Heartland, quotes me; earlier] Bonus: Lenore Skenazy on CPSC zipper hooded sweatshirt recall;
  • New Jersey high court — Gov. Christie’s appointees included — will now take over direct enforcement of court’s previous decisions (“Mount Laurel”) requiring towns to adopt low-income housing quotas [Bergen County Record, earlier]
  • Bureau of Indian Affairs revises federal guidelines on Indian Child Welfare Act, and a nonprofit group of adoption attorneys says that not only were it and other stakeholder groups not consulted, but “entire sections” of the revision “completely disregard the best interest of children,” something ICWA alas encourages by its text [American Academy of Adoption Attorneys, earlier]
  • Should winning class action plaintiff lawyers be able to mark up their expenses, such as photocopying, as two law professors propose? [Andrew Trask last year]
  • “Attorney who appeared in more than 3,000 asbestos cases disbarred … ‘Excuse Man’ also loses license” [Chamber-backed Madison-St. Clair Record]
  • If you see an online ad for $199 divorce, maybe think twice before giving them your debit card info over the phone [KTVK, Phoenix]