From Overlawyered, “NRDC’s non-compliant onesie“:
Presumably the Natural Resources Defense Council, which filed the successful lawsuit under CPSIA to make unlawful the sale of large existing inventories of children’s goods, will yank from its online store its own infant offering before next Tuesday. On Twitter, an NRDC person said the group didn’t think its use of the garment as a premium was covered by the law because only manufacturers have to worry about testing, right? (Wrong.) Common Room and Patrick @ Popehat have the story.
Do as we sue, not as we do, or something like that.
Incidently, it has been suggested to us that U.S. District Judge Paul G. Gardephe of the Southern District of New York, who agreed yesterday with the NRDC and Public Citizen’s lawsuit that children’s products with phthalates must be removed from the shelves, was following the clear language of the statute. We don’t doubt that. For now, the law is the real problem, and the fix must come from Congress.
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