Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 3

The Secretary of Commerce (Secretary) published notice in the Federal Register inviting comments regarding flammability standards for mattresses. Statistical data were compiled, consultant studies were conducted, and seventy-five groups submitted comments. The Secretary then determined that all mattresses, including crib mattresses, must pass a cigarette test, consisting of bringing a mattress in contact with a burning cigarette. The department's staff supported this position by stating: "Exemption of youth and crib mattresses is not recommended. While members of these age groups do not smoke, their parents frequently do, and the accidental dropping of a lighted cigarette on these mattresses while attending to a child is a distinct possibility." Bunny Bear, Inc., now challenges the cigarette flammability test, asserting that the standard was not shown to be applicable to crib mattresses, because "infants and young children obviously do not smoke." Bunny Bear argues that the Secretary has not satisfied the burden of proof justifying the inclusion of crib mattresses within this general safety standard. Is Bunny Bear correct? Explain.