We applaud a recent ruling by a federal district court judge who ruled that the U.S. Consumer Product Safety Commission can’t let toys containing toxic manufacturing chemicals remain on store shelves after a ban takes effect next week. The toxic chemicals at issue were phthalates. Those chemicals are often used to soften plastics and are commonly found in products used by small children, such as bath toys, books, teethers, bibs, dolls and plastic figures. Phthalates are being phased out of many products in the United States and European Union over health concerns. There was a loophole in the Agency’s rules that let the substances remain in toys – and be sold to consumers – if the toys were manufactured before the ban comes in effect Tuesday. The judge closed that loophole. The judge stated that the text of the law banning phthalates “provides unequivocally and unambiguously that no covered products may be sold as of Feb. 10, 2009.”
This is an important victory for consumers and children. We applaud the judge’s ruling and hope that the immediate end of phthalates in toys will help keep our kids safe. This ruling also underscores the importance of lawsuits to protect American consumers. At Neblett Beard and Arsenault, we are proud to represent consumers and others who need the protection of our courts to hold corporate wrongdoers responsible.
Richard J. Arsenault, 2011
