Consumer Product Safety Improvement Act, CPSIA Lawyer in Cleveland, Ohio
Oct. 9, 2020
The CPSIA is an act that regulates the testing and oversight of all products that are designed for babies and children. The act provides guidelines for child products, like strollers, cribs, child safety seats, sleep products, toys, and other products. The act requires that these products meet strict safety standards for use with children and infants. CPSIA requires that any product designed for children or infants meet all safety laws and requirements for child products, submit to testing to ensure that they are in compliance with these laws, maintain records to show that they are in compliance with these laws, and properly track each product so that issues can be identified and addressed.
One of the big issues that the CPSIA addresses are the presence of lead and phthalates in children’s products. This regulation is designed to prevent the harmful effects that certain substances can pose to children, in particular. For example, lead exposure in children is known to cause developmental delays, learning difficulties, irritability, and can lead to loss of appetite, fatigue, sluggishness, weight loss, constipation, seizures, and other conditions. Lead exposure can have a long-term impact on a child’s development.
Another chemical that the act regulates is the presence of phthalates in children and infant products. While phthalates are present in a wide range of products, they are banned in children’s products because the CDC recommends that the effects of these chemicals on children be further studied. Some early studies have linked phthalates to ADD, breast cancer, obesity, diabetes, low IQ, developmental issues, and male infertility. The CPSIA regulates the presence of lead and phthalates in children’s products, to limit children’s exposure.
CPSIA protects consumers by requiring companies to have their products tested by laboratories. Furthermore, products sold to children or for infants must also have registration cards that companies can use in the event they need to recall the product. CPSIA not only makes it illegal to sell products that have been recalled, but it also makes it illegal for daycares, nurseries, or hotels to use child products that have been recalled. If you are concerned about recalls for products you use with your children, there is an online database where consumers can search for recalls. Companies may also be required to take steps to inform consumers about known recalls.
If your child has been exposed to lead or phthalates, or if your child has been injured by a defective product, you and your family may have the right to seek damages from the manufacturer, and in some cases, maybe permitted to seek damages from the company that sold the product to you. The Law Offices of F. Benjamin Riek, III are CPSIA lawyers in Cleveland, Ohio who may be able to help you seek damages for your losses. Contact us today to learn more.
Making a Defective Product Claim in Cleveland, Ohio
In order to make a defective product claim in Cleveland, Ohio, you may need to prove that you suffered a loss or injury as a result of the defective product. You may need to show that you used the product as you intended, that you were injured as a result of using the product, and that your injuries resulted in financial losses to you or your family. There are different ways that a defective product claim can be successful. If you can show that a product suffered from a design defect, or that the product was defective due to flaws in the manufacturing process, or show that the company failed to warn you and consumers about risks the product poses, then you may have a case. Under CPSIA, companies also have a responsibility to test their products regularly. If a company failed to test its products for hazardous chemicals, and your child was exposed to these chemicals through a company’s product, you may have a case on your hands. The Law Offices of F. Benjamin Riek, III are CPSIA lawyers in Cleveland, Ohio who may be able to help you, and can offer an assessment of whether you may have a defective product claim.
Protect Your Rights
If you work for a company and know that there are dangerous chemicals being used in a product being sold to children, you may also have a case under whistleblower claims laws. The Law Offices of F. Benjamin Riek, III are whistleblower lawyers in Cleveland, Ohio who may be able to help you if you know of a situation where a company might be creating a hazardous situation through its products. If you are aware that a store is selling defective products, you may also have a case. The Law Offices of F. Benjamin Riek, III are whistleblower lawyers in Cleveland, Ohio who may be able to help you with your case.