Aqua Slide 'N' Dive Corp. v. Consumer Product Safety Commission

RONEY, Circuit Judge:

In this proceeding for review authorized by the Consumer Product Safety Act, 15 U.S.C.A. §§ 2051 et seq., Aqua Slide ‘N’ Dive Corporation, an interested manufacturer, challenges the legality of a “Safety Standard for Swimming Pool Slides” adopted by the Consumer Product Safety Commission. 41 Fed.Reg. 2742 (1976) (codified in 16 C.F.R. § 1207 (1977)).

The primary issue is whether substantial evidence supports the Commission’s finding, *835required by statute, that this standard is “reasonably necessary to eliminate or reduce an unreasonable risk of injury.” § 2058(e)(2)(A). The…