Federal regulators and manufacturers and importers of children’s products and toys that allegedly contain improper level of lead, chemical plasticizers and small parts have entered a consent decree to establish compliance programs with consumer protection laws. The toys included rattles with paint containing lead.
U.S. District Judge George H. Wu, of the Central District of California, approved the consent decrees earlier this month.
The three separate consent decrees to a permanent injunction were agreed to by defendants S & J Merchandise Inc., All Season Sales Inc., BLJ Apparel Inc., Toys Distribution Inc., Tom Liu, owner of All Season Sales and manager of S & J, Cuc T. Thai,owner of S & J, Luan Luu, owner of BLJ, Paul Phuong, manager of TDI, and Lan My Lam and Loan Tuyet Thai, owners of TDI.
The parties agreed to hire third party testers, implement safety and compliance programs, and conduct product audits to determine what of their inventories fail to comply with the laws enforced by the Consumer Product Safety Commission.
According to the complaint filed in California federal district court, the defendants were selling, importing or distributing children’s products in violation of the federal Consumer Product Safety Act and the Federal Hazardous Substances Act. The complaint was filed in the Central District of California by the Department of Justice on behalf of the CPSC.
TDI and the related individual defendants operate a warehouse in Los Angeles. The CPSC said 61 of 66 samples taken from those defendants’ imports in the last five years had illegal levels of lead content, lead paint and phthalates, toys for children under the age of three containing small parts, infant rattles which could cause choking or suffocation, and products “lacking required certification based on third-party testing and lacking tracking labels.”
S & J Merchandise and the related individual defendants operate a warehouse in El Monte, Calif. The CPSC said 17 of 18 samples taken from those defendants’ imports in the last three years had similar violations to TDI.
BLJ Apparel and related individual defendants operate a warehouse in South El Monte, Calif. The CPSC said all four samples taken from those defendants’ imports in the last two years had similar violations to TDI.
All Season Sales and related individual defendants operate a warehouse in Montebello, Calif. The CPSC said all 12 samples taken from those defendants’ imports in the last year had similar violations to TDI.
Amaris Elliott-Engel contributes to law.com.