Keezio Group, LLC v. U.S. Consumer Product Safety Commission, et al.

Summary

The United States District Court for the District of Maryland grants the defendants’ motion to dismiss Keezio Group, LLC’s claims arising from a Consumer Product Safety Commission press release concerning the safety of Keezio infant sleep products. The court holds that the press release was not agency action constituting a final agency action reviewable under the Administrative Procedure Act. The court also grants Keezio’s unopposed motion to take judicial notice of a government record.

Holdings

1. The press release was not reviewable final agency action because it was not an agency order or other action determining rights or obligations, imposing legal consequences, or consummating the CPSC's decisionmaking process.
2. Keezio failed to state either a procedural or substantive due process claim because it did not plausibly allege deprivation of a cognizable property interest by the government or conduct that shocked the contemporary conscience.
3. The court granted Keezio's unopposed motion to take judicial notice of the identified government record.

Questions Presented

1. Whether the CPSC's press release constituted reviewable final agency action under the APA.
2. Whether Keezio plausibly alleged a Fifth Amendment procedural or substantive due process violation based on the CPSC's press release and related conduct.
3. Whether the court could take judicial notice of the identified government record.

Disposition

dismissed