In September 2022, the Consumer Product Safety Commission (CPSC) issued a final rule addressing the hazard associated with the ingestion of high-powered magnets. Magnetsafety.org, Hobby Manufacturers Association, and National Retail Hobby Stores Association filed a petition for review of the rule in the Tenth Circuit. Among other things, the groups argue that because, under the Consumer Product Safety Act, the President can remove CPSC commissioners only for cause, the CPSC’s actions are unconstitutional and, therefore, the rule should be vacated.
Public Citizen filed an amicus brief in support of the CPSC. Our brief explains that the restrictions on removing CPSC commissioners do not violate separation-of-powers principles and that, in any event, the group’s theory provides no basis for vacating the rule.