5th Circuit Says CPSC Erred Procedurally in Issuing Final Rule Regarding Manufacture of Children’s Toys with Phthalates

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has reviewed a rule regarding the use of phthalates in children’s toys, concluding that the Final Rule issued by the Consumer Product Safety Commission was not a logical outgrowth of the Proposed Rule and that the Commission had not “adequately allow[ed] for comment after it changed its primary justification for the rule but before adopting a final rule.”

In the March 1 opinion, the 5th Circuit concluded that while the Commission applied the proper health standards to its rulemaking, it did not give an adequate opportunity to comment when it …