So, I'm not a lawyer, but the 10th Circuit ruling doesn't read like this is over to me, it reads like this may be a temporary reprieve for Zen magnets.
> As a result, the FDO is vacated, the Initial Decision is reinstated, and the matter is remanded to the Commission with directions to provide an impartial tribunal for Complaint Counsel’s appeal from the Initial Decision. In particular, the Commission is instructed to conduct the appellate review without the participation of Commissioner Adler.
The court found no issue with the decisions of the CPSC, but with one of the commissioners having made a decision prior to the decision making process. So yes, Zen can sell their magnets, but the CPSC should reconduct its review - and I don't see anywhere that suggests that given the same data they have today, they can't or won't make the same decision.
> As a result, the FDO is vacated, the Initial Decision is reinstated, and the matter is remanded to the Commission with directions to provide an impartial tribunal for Complaint Counsel’s appeal from the Initial Decision. In particular, the Commission is instructed to conduct the appellate review without the participation of Commissioner Adler.
The court found no issue with the decisions of the CPSC, but with one of the commissioners having made a decision prior to the decision making process. So yes, Zen can sell their magnets, but the CPSC should reconduct its review - and I don't see anywhere that suggests that given the same data they have today, they can't or won't make the same decision.