ZenMagnets wins pyrrhic victory in CPSC case

[Recursion]

http://zenmagnets.com/march-2016-update-whoa-we-won/

They said it couldn’t be done. We knew the odds were small, but on principle alone we had to try. With the support of many, we have won. The outcome of our December 2014 spent in court in DC (CPSC Docket No: 12-2) has landed strongly in our favor. To what degree have we won? See summary below, or read the Decision and Order yourself here. Page 36 is the list of facts found.

Regarding Defect:
“Proper use of Zen Magnets and Neoballs creates no exposure to danger whatsoever.” It was found that Zen Magnets (and Neoballs) are not defective under 16 C.F.R. 1115.4, and are not substantial product hazards under CPSA Section 15(a)(2). “The [CPSC] presented absolutely no evidence that separation, alone, creates any threat to any individual…” Additionally, SREMs (Small Rare Earth Magnets) are not violative of ASTM F963 when they are sold with proper warnings (like ours) and to children 14 years or older.

Regarding Warnings:
Remember when the CPSC argued that no warning could ever be effective for magnet spheres? Well the Judge found that *all* versions of warnings used by Zen are effective, and do not contain a “fault, flaw, or irregularity which causes a weakness, failure, or inadequacy.” This includes the warnings that went viral on reddit/imgur, and the ones that referred to the CPSC as grumpy. “Although Respondent acted ‘tongue in cheek,’ the… warnings are nonetheless clear- the products are dangerous if swallowed and require immediate medical attention,” and, “given Respondent’s blatant warnings on the product’s packaging and website, ingestion certainly constitutes misuse.”

Regarding Utility:
Despite the greatest internet outcry the agency has ever received, the CPSC always assumed magnet spheres had no significant utility. They ignored the nationwide polls (which they should have conducted and paid for in the first place) and decided they knew better than American public consensus. Boyd Edwards (Executive Director and Professor of Physics @ USU) was essential in documenting the educational aspects, and his full report is available here. The ALJ (Administrative Law Judge) concluded that “the Utility is indeed high,” and, “the usefulness outweighs the risk of injury associated with the product.” The ALJ agreed that “no other medium can replicate the unique spherical and magnetic properties of SREMs”

Interestingly, these magnets remain legal to sell as long as the vendors do not claim they have "entertainment value"

[longship]

1. "We'll see," said the Zen Master.

From Mike Nichols' last film, Charlie Wilson's War with a great cast including Tom Hanks, Philip Seymour Hoffman, Julia Roberts. Best of all it's a true story, but getting back to my point, the story of the Zen Master and the little boy, here told as it apparently was related by a crazy CIA operative to an equally crazy Democratic US Congressman who together defeated the Soviets in Afghanistan by waging one of largest covert wars in US history.

As Charlie Wilson later explained to his secret Congressional subcommittee, "That ball; it keeps on bouncing."

So, Nitsa, the Greek witch from Aliquippa, PA was correct, as was Gust Avrokatos (CIA op) who related her story and of course Congressman Charlie Wilson.

It is a great flick.