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Companies Agree to Cease Imports Pending CPSC Determination on Safety

Wednesday, October 14, 2015
Sandler, Travis & Rosenberg Trade Report

The Department of Justice reports that two California companies and three individuals have agreed to settle two cases alleging that they were responsible for importing children’s products containing lead, phthalates and small parts posing a choking hazard for children under the age of three. Specifically, they have agreed to immediately cease all importation and sale of toys and children’s products unless and until the Consumer Product Safety Commission determines that their practices have come into compliance with the law and specified remedial measures. 

According to a DOJ press release, one case was filed against an importer and retailer of children’s products and toys and its owner. Based on findings from dozens of samples of this company’s import shipments, the CPSC issued nine letters of advice over an 18-month period notifying the defendants that their products violated the Consumer Product Safety Act, the Federal Hazardous Substances Act and their implementing regulations. DOJ notes that most of the violative products were stopped at import and were not sold to consumers. 

A second case was filed against a separate importer and retailer of children’s products and toys and its owner and manager. This complaint alleged that since September 2011 the CPSC has identified 39 samples of children’s products imported by this company that violate federal standards for children’s toys, including illegal levels of lead content and toys intended for children under the age of three that contain small parts and accessible batteries. Here as well most of the violative toys were stopped at import and not sold to consumers.

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