DENVER, Nov. 25, 2016 /PRNewswire/ -- In a victory for small business, the United States Court of Appeals for the Tenth Circuit has ruled in favor of Zen Magnets LLC in a 2-1 ruling, vacating the rule the Consumer Product Safety Commission promulgated in September, 2014 that prevented the importation of magnets. The majority opinion concluded that "the Commission's prerequisite factual findings, which are compulsory under the Consumer Product Safety Act, 15 U.S.C. §§ 2051-2089, are incomplete and inadequately explained." As such, the Court ruled to "VACATE and REMAND to the Commission." The magnets in question are generally sets of high powered magnet spheres similar to Buckyballs, Zen Magnets, Neoballs, and Neocube. The full ruling is available at https://www.ca10.uscourts.gov/opinions/14/14-9610.pdf Photo - http://photos.prnewswire.com/prnh/20161123/442689 Zen previously won a rare triumph in March 2016 by successfully contesting a CPSC Product Recall in court in at least 20 years 1. Zen's new successful rule making appeal is also uncommon for the CPSC, representing the first time a CPSC rule has been vacated in what appears to be 33 years 2. Zen has been represented by David Japha of Levin, Jacobson & Japha with the assistance of Evan House. Regarding the ER injury statistics, which Zen refers to as the "CPSC Epidemiology Elephant in the room," the 10th Circuit wrote: "While the Commission is certainly free to rely on the emergency room injury report data set, it may not do so in a way that cloaks its findings in ambiguity and imprecision, and consequently hinders judicial review. " Regarding the social and economic costs and benefits: "Although the Commission's evaluation of the costs of the rule to magnet distributors was adequate, its evaluation of the costs to consumers was incomplete."