Aqua Slide 'N' Dive v. Consumer Product Safety Commission

In Aqua Slide 'N' Dive v. Consumer Product Safety Commission, 569 F.2d 831 (5th Cir. 1978), the prime disadvantage was "the warning's effect on the availability" of the consumer product. The swimming pool slides regulated by the standard in that case were luxury items subject to highly elastic market demand. Id. Indeed, slide sales dropped 42 percent from 1973 to 1974, and half of that decrease "could be attributed just to uncertainty about what the standard would say." Id. Because the Commission had not tested the signs, "it provided little evidence of whether the signs were so explicit and shocking in their portrayal of the risk of paralysis as to constitute an unwarranted deterrent to the marketing of slides, and, hence, their availability to users." Id.