CPSIA Update, and Now the Judges Get Involved

Junk science produces junk law and the inevitable litigation, and products deemed safe — that were safe — must be removed from the shelves, no matter the cost or consequences to people employed or consumer choice. 

From the NRDC:

Court Upholds Congressional Ban on Toxic Toys
Health Groups Win Victory for Children’s Safety

NEW YORK (February 5, 2009) – In a victory for children’s health and consumer safety, a federal judge today said children’s toys and childcare products laden with harmful chemicals called phthalates must come off store shelves, ruling in favor of the Natural Resources Defense Council and Public Citizen in a lawsuit against the Consumer Product Safety Commission (CPSC).

NRDC and Public Citizen filed the lawsuit in December, following a CPSC attempt to create a loophole in the congressionally mandated ban, which goes into effect February 10, 2009. The loophole would have allowed retailers to stockpile and continue selling dangerous products as long as they were manufactured before the ban date.

“Today’s victory gives parents the certainty Congress tried to provide in the first place – that their children are safe from harmful chemicals in their toys,” said Aaron Colangelo, NRDC attorney. “This is a big win for children’s health and consumer safety.”

“The court understood that Congress spoke plainly and simply that, as of next Tuesday, these 6 dangerous chemicals will be banned from children’s toys and child care products – period,” said Brian Wolfman, Director of the Public Citizen Litigation Group. “We are extremely gratified that our kids are going to be protected, and we are confident that the CPSC, manufacturers, distributors, and sellers will obey the law and assure that these products are off the shelves by next Tuesday.”

The news release doesn’t say, but it’s U.S. District Judge Paul G. Gardephe of the Southern District of New York who issued the memorandum opinion and order today. A copy of the order is available at Public Citizen’s website.

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