Not-So-Smooth Sailing Under CPSIA

Law360, New York (March 25, 2009, 12:00 AM EDT) -- In August of 2008, Congress passed the Consumer Product Safety Improvement Act[1] (“CPSIA” or “Act”) in an effort to protect America’s children from lead and phthalates.[2]

Prompted by the “toxic toy” scare in 2007 and 2008 where Mattel and other large manufacturers were forced to recall toys due to high lead content,[3] Congress’ quick response served as a recognition that there was a gap between the public need for and the protections provided by the 1972 Consumer Product Safety Act.

Determining that more stringent laws were...
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