The CPSC sees countless reports of children choking on balloons, swallowing detergent pods or being injured from riding adult-size ATVs. We haven’t banned these products—they come with warnings. Buckyballs were always marketed and sold for use by adults. Each set came with five conspicuous warnings to keep the product away from children.

Moreover, Maxfield & Oberton, the company headed by Mr. Zucker that manufactured Buckyballs, led a public-education campaign to tell consumers about the dangers of swallowing powerful magnets. These efforts and others were discussed with and encouraged by the CPSC.

In July 2012, however, the CPSC abruptly changed course. Rather than work with Maxfield & Oberton to address the issue of children being injured by an adult product, the agency demanded an immediate recall. When the company asked the agency to reconsider, the CPSC filed a lawsuit alleging that the product was defective because unintended users were misusing the product and suffering injuries. Instead of seeking an injunction against the sale of Buckyballs while the agency pursued its case, which the law allows, the agency approached retailers with an informal “request” that Buckyballs be removed from store shelves.