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In November 2013, with the pro bono backing of the nonprofit government accountability group Cause of Action, Zucker sued the CPSC for what he calls its “unprecedented regulatory overreach.” The suit alleges that the CPSC’s actions are aimed at punishing him for speaking out against the agency. In an emailed statement, CPSC spokesperson Scott Wolfson says “CPSC staff filed this case in order to prevent young children, tweens, and teens from suffering serious injuries,” adding that the agency “is using enforcement, education, and rulemaking to address a serious and hidden hazard with an entire product line.”
Neither case will be resolved anytime soon. In the meantime, Zucker has launched a new line of larger, less ingestible magnets called Liberty Balls, which he is selling to help cover his personal legal fees.