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Zucker is fighting back.


In a lawsuit he plans to file on Tuesday, Nov. 12, Zucker will ask the U.S. District Court of Maryland to block the CPSC from seeking damages against him personally. He notes that the agency hasn’t sought damages from other toy magnet sellers, who folded their companies ahead of recall proceedings, and that similar products are still on the market. The complaint, prepared by conservative advocacy group Cause of Action, alleges that the CPSC targeted Zucker for speaking out against the agency. It also says the CPSC violated Zucker’s rights to free speech and due process when it retaliated against him, setting a “chilling” precedent for other corporate executives who publicly disagree with the federal government.


“What you have here at a minimum is a shocking example of regulatory overreach and abuse of statutory power,” says Reed Rubinstein, a lawyer at Dinsmore & Shohl serving as counsel to Cause of Action. “At its most sinister, this is an example of government power being used to punish people who object to it.”