Consumers Union of United States, Inc. v. Consumer Product Safety Commission

TIMBERS, Circuit Judge:

The sole issue before us on this petition to review portions of regulations of the Food and Drug Administration, 21 C.F.R. §§ 191b.5(e), 191b.-3(e)(2) and 191b.7 (1973), establishing standards for electrically operated toys and other electrically operated articles intended for use by children is whether the determination by the Commissioner of Food and Drugs in promulgating the regulations was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”. 5 U.S.C. § 706 (2)(A) (1970). We hold it was not. We deny the petition to review.

On…