Donald and Mary Zuck both testified that neither of them has the plaintiff's records. You are a law clerk in the U.S. District Court for the State of Suffolk. You have been assigned to Judge Dern. He asks your advice. Plaintiffs seek a declaratory judgment and an injunction against the Consumer Product Safety Commission of the State of Suffolk from proceeding with an enforcement action.
Plaintiffs engage in the business of selling material for use as industrial rags.
This case arises out of their selling of TRIS treated material as industrial rags. In February of 1981, the Commission began an enforcement action against plaintiff. TRIS phosphate is a chemical flame retardant. Prior to 1977 it was commonly applied to children's sleepwear. The Commission believes that when used in children's clothing TRIS can enter the bodies of infants and children by absorption through the skin and by ingestion.