Personal Injury Law

Court Rebukes Attempt to Dilute New Childrens? Products Safety Law

Last year was a record-setter when it came to recalls and warnings about dangerous children?s toys, especially lead paint laden toys imported from China. In response to the much-publicized controversy, Congress strengthened the Consumer Product Safety Act of 1972 (?CPSA?) to prohibit the sale and distribution of children?s toy or child care articles containing excessive levels of toxic substances beginning on February 10th, 2009. Almost incredibly, the agency charged with enforcing the CPSA, the General Counsel of the United States Consumer Product Safety Commission (the ?Commission?), actually tried to weaken the enforcement of the law by issuing an advisory opinion letter that would have permitted the sale of toxic items after February 10, 2009, if the products were manufactured prior to that date. U.S. District Court Judge Paul G. Gardephe of the Southern District of New York would hear none of that in National Resources Defense Council, Inc. and Public Citizen, Inc. v. U.S. Consumer Product Safety Commission, No. 08 Civ. 10507(PGG) Feb. 5, 2009.

Full post as published by Legal Blog on February 13, 2009 (boomark / email).