Whether judicial review under the Administrative Procedure Act for agency notices of violation is unavailable until the agency takes formal enforcement action

Through a series of Notices of Non -Compliance and related communications, Respondent Consumer Product Safety Commission determined (a) that Petitioner Jake’s Fireworks’ common backyard fireworks are subject to certain regulations under the Federal Hazardous Substances Act and (b) that samples of Jake’s products are “banned hazardous substances” thereun-der. These Notices, issued by the Commission’s Compliance Office on official Commission letterhead, also ordered destruction of Jake ’s products and threatened significant civil and criminal penalties for non -compliance. After Jake’s requests for further administrat ive consideration were reject ed, it sought judicial review under the Administrative Procedure Act. The Fourth Circuit affirmed the district court’s dismissal, reasoning—contrary to the holdings of this Court and other circuit courts —that only the Commission’s formal enforcement was reviewable under the APA. The question presented is whether judicial review under the Administrative Procedure Act for such no-tices of violation is unavailable until the agency fur-ther acts through formal enforcement .