The Supreme Court has turned away an appeal by a fireworks company challenging notices the Consumer Product Safety Commission issued that stated their products ran afoul of federal standards.
The denial of the petition on May 19 in Jake’s Fireworks Inc. v. Consumer Product Safety Commission took the form of an unsigned order. No justices dissented. The court did not explain its decision.
The dispute centers on a regulatory technicality. The company argued that the notices constituted final agency action by the commission that could be challenged under federal law; the commission argued the notices were not.
The petitioner, Jake’s Fireworks Inc., is an importer of small consumer fireworks known as reloadable aerial shells or reloadable tube aerial shells. The products are commonly used backyard fireworks designed to create a visual display after they are launched 40 to 50 feet into the air. The devices are considered small because they have an outside diameter under 1.75 inches, according to the company’s petition filed with the Supreme Court on Dec. 24, 2024….