Challenge to CPSC Rule Over Access to Standard Filed Too Late

A consumer can’t pursue her bid for free access to a full industry standard on infant bath seats that was incorporated into government safety regulations because she didn’t file her challenge early enough, the D.C. Circuit ruled Friday.

The case constitutes “a broadside attack on the practice of federal agencies incorporating privately drafted technical standards into their regulations by reference,” but the court can’t address consumer Lisa Milice’s arguments, Judge Judith W. Rogers said for the U.S. Court of Appeals for the District of Columbia Circuit.

Milice’s challenge raised issues of constitutional, intellectual property, and administrative law and could have ...