Planet Toys Shipped CSI Investigation Kits With Asbestos in Finger Print Powder
LOS ANGELES, CA - April 14, 2008 - Public Justice filed two lawsuits on Friday against CBS Corporation, Planet Toys and several toy distributors. The federal suit, filed in the U.S. District Court in Los Angeles on behalf of a nationwide class of consumers, alleges that a popular children's toy, the CSI: Crime Scene InvestigationTM Fingerprint Examination Kit, contained asbestos, a known carcinogen. The class action requests that the companies reimburse consumers who wish to return the product for a full refund. It also requests that the companies involved pay for any necessary medical treatment for those who have been exposed to asbestos through their products.
ADAO Alleges Inadequate Warning and Protection for Consumers in California "Proposition 65" Suit
Also filed on Friday was a suit in California state court under California's "Proposition 65." "Proposition 65" requires that businesses warn California consumers if their products contain chemicals known to cause birth defects or cancer. Asbestos falls under this category as it is known to cause several types of cancer, including mesothelioma, a particularly deadly cancer affecting the lining of the lungs and other organs. The lawsuit was filed partly on behalf of the Asbestos Disease Awareness Organization (ADAO).
As part of an asbestos testing program last year, the ADAO in conjunction with the Scientific Analytical Institute discovered tremolite asbestos in two of the fingerprint powders provided in the CSI kit. However, Planet Toys said that their own testing had shown no asbestos in the kits. A CBS spokesman stated that, "... out of an abundance of caution, three months ago we demanded that Planet Toys issue an immediate recall of the product." According to the spokesman, CBS had also ended its licensing agreement with Planet Toys.
ADAO alleges that Planet Toys failed to abide by California state law and warn consumers of the toxic materials within the kit. Unless Planet Toys agrees to provide a label warning consumers of the dangerous materials in the kits, ADAO will pursue a court order to stop sales of the kits.
Alan Brayton of Brayton Purcell is working with Public Justice as co-lead counsel, along with Raphael Metzger of the Metzger Law Group, in the Proposition 65 lawsuit.
Brayton Purcell, Active in Consumer Protection, Public Justice and the Legal Rights of Asbestos Victims
Alan Brayton, immediate past president of the Public Justice Foundation, has been an active supporter of Public Justice for more than 14 years. Mr. Brayton has served on the Public Justice Foundation Board of Directors for nine years, and on the Executive Committee of the Public Justice Foundation since 2001.
For over 24 years, the asbestos attorneys of Brayton Purcell have been extensively involved with the legal rights of asbestos victims, including injured workers and their families. We have represented both asbestos workers and individuals who have come into contact with asbestos through others. We seek damages to the full extent allowed by law in order to compensate our clients for their pain and suffering, loss of wages, and medical expenses.