Massachusetts Personal Injury Library
Lawsuits Keep Kids Safe from Defective Toys
Are Phthalates Dangerous?
In certain formulas and concentrations, phthalates affect the endocrine system of the human body. Upsetting the hormonal balance in this manner has been linked in medical studies with asthma and reproductive problems, especially in children. Boys are at high risk for inhibited development of the genitalia and testosterone production, which can have lifelong consequences.
Why Are Toys a Target?
Absorption of phthalates is increased by the type of close contact that happens when small children put toys or other objects in their mouths. This means that children are the largest risk group for phthalate contamination and long-term health concerns. Exposure to the compound while their bodies are maturing adds to grave health danger. The CPSC has worked to remove defective toys, but fallen short on an immediate total recall.
How Products Liability Watchdogs Fight Toxins
Clinical data studied by the Center for Disease Control and independent researchers proved the health threats of phthalates at the same that concern about lead poisoning was on the rise.
Consumer groups, legal advisory boards and health-care industry professionals helped to raise awareness about the problem and make it a priority with legislators. The process was relatively swift. The Consumer Product Safety Improvement Act of 2008 was enacted as law by President George W. Bush. It labeled minimum concentrations of lead and six formulas of phthalates as hazardous materials, with a ban set to be phased in beginning in February of 2009.
Some watchdog groups were concerned that the CPSC had agreed to the new phthalates standard for future manufactured goods, but not for the sale of existing merchandise. In December of 2008, Public Citizen and the Natural Resources Defense Council sued the CPSC over the discrepancy.
What is Being Done to Protect Consumers?
The U.S. Consumer Product Safety Commission (CPSC) is charged with evaluating the latest scientific data in order to remove dangerous toys and other products from our store shelves.
Despite the urgency of health risks, sometimes it takes a lawsuit to hurry improvements along. Toys and child-care items enhanced with plastic stabilizers termed phthalates are a recent example. While the federal government has implemented a ban, it left loopholes allowing defective products to remain on shelves untouched until legal questions were raised.
What Are Phthalates?
Items such as shower curtains, vinyl upholstery, and, yes, toys, commonly contain phthalate additives to make plastic compounds more flexible. About 90% of all phthalates are added to polyvinyl chloride (PVC) to make the brittle plastic less prone to shattering.
If your child may have been harmed by a defective toy, contact an experienced Boston products liability attorney at Kiley Law Group, LLP. We will evaluate your case for FREE – 1-888-208-1695.
