The paramount issue in this case is the CPSC’s argument that warnings don’t work, alleging that “No warnings or instructions could be devised that would effectively communicate the [ingestion] hazard so that the warnings and instructions could be understood and heeded by consumers to reduce the number of magnet ingestion incidents.”
Warnings are an agreement between a customer and product. The consumer retains the benefit of using and choosing a product, in exchange for the responsibility of doing so. And by assuming people are unable to follow or understand instructions the CPSC makes the judgment that the American Population is not worthy or capable of deciding for themselves.