They were when this controversy began.
And from CPSC's perspective, it doesn't matter, because they were sticking to the point that no amount of warnings and restrictions can make magnets safe enough to be sold. (Unlike, say, an M-16 rifle).
The intended use and operation of the Subject Products require the magnets to be separated and reattached to create and reshape the magnets into a variety of figures, sculptures, structures, jewelry, and art. See, e.g., Exs. R-55 (product guide with examples of structures that can be created with the Subject Products); R-139 (“Never Let Go of Childhood Wonder” demonstration video
Two obvious observations:
- "Childlike wonder"? Really?
- If there's any use for these things that is more dangerous than desk toys, it's jewelry.
Some places do, actually.
In Australia most states have laws restricting knife sales to young people, in my state it's 18.
I don't think many people would be against a law preventing sale of these magnets to children,.
Lawn darts are a toy, a toy for children an adults to play alike.
Ball magnets aren't sold as a toy. We don't restrict the sale of sharp knives because children might injure themselves, no we rely on parents to not let their children play with them.