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I think the point is that the seller is not qualified to sell the item, but I don't think that is a crime.
If a telescope shop sold it it would probably be Ok as they could advise the purchaser of the dangers. So it can't be banned because it is dangerous.
If pressured enough Aldi may remove the item from sale because of the potential danger to kids (and bad publicity) or in fact anyone who didn't take care. However I don't think it can be banned because it is inherently dangerous.
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