Sue to Ban BPA and Then Sue Because It’s Banned. Brilliant!

The Maryland General Assembly, which ended its legislative session Monday, took a strong step to support the state’s citizens — those citizens who are trial lawyers, that is — by banning bisphenol A (BPA) in children’s products.

BPA is used to harden plastics and make them shatter-resistant.

Two things are well documented:

The cause of the anti-BPA litigation is served by legislatures banning the chemical, which then allows class-action attorneys to argue, “See, it must be dangerous. Look at all the states who cracked down on BPA.”

And here’s the great thing for personal injury lawyers. Once BPA is banned, many plastic products become more brittle and likely to break. So, if a child is somehow wounded, the manufacturers are responsible and must be sued.

It’s a win-win. Except for consumers. And manufacturers. And retailers. And the economy.

Afterthought: The new CPSC complaint database will probably enter into this process, too.

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