United States Sixth Circuit

A limit of two grains of pyrotechnic powder under 16 CFR 1500.17(a)(3) applicable to all fireworks devices producing an audible effect provides reasonable and fair notice of what defendants may not distribute to consumers.

Appellate Information

• Argued 03/06/2001
• Decided 05/03/2001
• Published 05/03/2001

Judges

• Before:  KEITH, SILER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Emily M. Sweeney, U.S. Atty., Cleveland, OH, James O. Hearty (argued and briefed), U.S. Department of Justice, Consumer Litigation Section, Washington, DC, Drake A. Cutini (briefed), U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee., Mark B. Cohn, McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, Daniel T. Kobil (argued and briefed), Capital University Law School, Columbus, OH, for Defendants-Appellants.