Fireworks Decision Upholds CPSC

WASHINGTON, DC. -- In a significant decision for the U.S. Consumer Product Safety Commission, a U.S. Court of Appeals unanimously upheld a broad principle of law asserted by the Commission in an enforcement case involving fireworks. Ruling on the government's appeal in a case against a mail order supplier of firework components in Pennsylvania, the Court held on August 8, 1989 that a manufacturer's or consumer's subjective intent does not determine the intended use of a product sold to consumers.

The Department of Justice filed the case on May 27, 1988, on behalf of the Commission, and sought a preliminary injunction against the continued distribution of illegal fireworks components by Charles and Mark Focht of Slippery Rock, Pennsylvania, doing business as Liberty Industries. The firm sold fuses, paper tubes, end plugs, and other fireworks components, but referred its customers to another mail order firm, Chemco of Virginia, to purchase pyrotechnic chemicals.

Liberty Industries claimed, and the district court judge agreed, that the harmless components could not be illegal products until a consumer assembled them into a fireworks device that violated federal law and regulations. The appellate court reversed, upholding the Commission's position that an objective test must determine for enforcement purposes how a product is intended to be used.

The Commission's Acting.Chairman Anne Graham described the decision as "far-reaching," noting that the legal principle established by the Court will support the Commission's enforcement efforts against hazardous toys and other consumer products, as well as fireworks.