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FOR IMMEDIATE RELEASE
October 1, 2004
Release # 05-001
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CPSC Consumer Hotline: (800) 638-2772
CPSC Media Contact: Eric Criss, (301) 504-7800
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Court Dismisses Lawsuit Against CPSC
WASHINGTON, D.C. – A federal judge in Philadelphia today dismissed a lawsuit filed against the U.S. Consumer Product Safety Commission by the family of a teenager who was shot with an airgun. Senior Judge Robert F. Kelly ruled that Jerome and Rebecca Mahoney lacked standing to challenge a November 2003 settlement with the Daisy Manufacturing Co. regarding the company’s Powerline BB guns. The Judge held that the CPSC’s action in settling the administrative lawsuit was unreviewable under the Administrative Procedure Act.
Judge Kelly’s ruling stated: “The Mahoneys have failed to aver facts in this case demonstrating a concrete and actual injury….As the regulations provide, the Mahoneys are not entitled to the repair, replacement or refund of the purchase price of their BB guns because the Commission may accept a settlement that does not call for such a remedy.”
The Judge added, “In the absence of ‘law to apply’ to this case, the Court must conclude that ‘agency action is committed to agency discretion by law’…The decision of the Commission to settle its administrative action against Daisy is, therefore, unreviewable under the Administrative Procedure Act.”
To learn more about the consent agreement between CPSC and the Daisy Manufacturing Co. log on to www.cpsc.gov.
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